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What is the legal Process to cancel gift deed and prepare release deed
03-Aug-2023 (In Property Law)
My Dad and Mom are joint holders of a property.We are 8 siblings. 1992: Dad expired 1994: Society issued a Share certificate in the name of my mother. 2015: my mom gifted me the flat by way of a gift deed. We had done this consulting a high court lawyer. We submitted the gift deed,affidavit and the share certificate for an NOC. The Society on checking with their lawyer, denied my request stating that first, the gift deed was invalid since there was no mention of the legal heirs in the gift deed. Also, the share certificate didn't have the entry of transfer of ownership from joint(dad + mom) to mom. Advice so far - Cancel the gift deed - Prepare a release deed of release to mom by all siblings in front of registrar. firstly, can I cancel a gift deed? Also another advocate recommended if we notarize a NOC(or affidavit - cant recollect the doc) from the siblings transferring release to mom and if that is submitted to the society, the deed of release was not necessary. Please help
your mom can transfer her share to you. she can be confirm the same through confirmation or declaration deed. and for remaining share of your dad all of you including your mom and mother of your father can release/transfer the same in your favor before registrar.
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Adv. Ketan S Jadhav
Pune | 25+ Answers
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once society has issue a share certificate, its admitted fact that after you father your mom is the owner.
your mom has gifted you the flat out of love and affection in that its not mandate to mention legal heirs name as its an registered document thus it cannot be challenged and its very much valid in the eyes of law. Gift deed can be canceled but in my opinion you should not. For further assistance feel free to contact me for legal consultation.
your mom has gifted you the flat out of love and affection in that its not mandate to mention legal heirs name as its an registered document thus it cannot be challenged and its very much valid in the eyes of law. Gift deed can be canceled but in my opinion you should not. For further assistance feel free to contact me for legal consultation.
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Adv. Krinjal S. Ahuja
Mumbai | 100+ Answers
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transfer of membership from.your dad to your mom is an ultimate proof of transfer. no further transfer from your dad to mom is require secondly the gift deed if it is registered then society had to accept your membership transfer application better file sec 22 application before registrar against society.
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Adv. Amol Shirish Choubal
Kalyan | 25+ Answers
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