• Property buying

I want to buy the property which in the name of seller's mother, however he has gift deed where stays that, that house is gifted to the seller who is his younger son, but i am not sure its legal to buys such property or not, can I buy such condition, and do we need noc form his siblings, also do he required to make that house in his name? or just gift deed is enough.
Asked 7 years ago in Property Law
Religion: Hindu

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6 Answers

1) once gift deed is executed duly stamped and registered seller would be absolute owner of the property

2) you dont need consent of seller siblings to purchase the property

3) property should be transferred in seller name before he sells the property to you

Ajay Sethi
Advocate, Mumbai
95168 Answers
7604 Consultations

5.0 on 5.0

1) refuse to purchase the property

2) if it is flat the seller has to first transfer flat in his name

3) donor has to apply to society for transfer of flat in name of the donee

4) the transfer has to be approved by society in its AGM

5) then seller can sell flat to you

Ajay Sethi
Advocate, Mumbai
95168 Answers
7604 Consultations

5.0 on 5.0

it is better you contact a local lawyer before you purchase the flat

Ajay Sethi
Advocate, Mumbai
95168 Answers
7604 Consultations

5.0 on 5.0

If the gift deed is a registered document then certainly his name will be mentioned in the registered gift deed document.

The mere wordings that the donor is gifting this property to her second son will not be sufficient to prove his title to the property.

Moreover unregistered gift deed is not valid in law.

You can obtain encumbrance certificate from Registrar's office and confirm the present status and the owner of the property.

If the property was transferred by the owner to somebody, there would be an entry in the EC to that effect.

You should always obtain a legal opinion from a local lawyer before proceeding to buy an immovable property/asset in order not to be cheated or disappointed at a later stage.

T Kalaiselvan
Advocate, Vellore
85369 Answers
2231 Consultations

5.0 on 5.0

what document i should check before buying such house

You have to verify plenty of documents namely, the original mother deed, title link documents, legal heirship certificates, death certificates of previous owner, EC, tax receipts, patta passbook other relevant documents.

You can refer the matter to an advocate who will inform the list of documents to b verified.

T Kalaiselvan
Advocate, Vellore
85369 Answers
2231 Consultations

5.0 on 5.0

He is asking to transfer the property name directly to me instead of investing money first to transfer in his name, is it legal?

It is not valid and legal.

If he has no title to the property then he cannot negotiate the sale agreement

He cannot sell the property since he has no title to the property.

He appears to be luring into this by playing fraud on you, better be careful to not to get trapped in his dragnet.

Let the original owner sell the property based on the genuine documents that are relied upon

T Kalaiselvan
Advocate, Vellore
85369 Answers
2231 Consultations

5.0 on 5.0

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