Firslty, as it has been mentioned in the present query that he has transferred the same to you by way of a gift deed.

Secondly, but, the same was registered on his name after some delay at your part.

Thirdly, the gift deed would need to be registered within a period of four months from the date of execution as per the applicable provisions of the Registration Act, 1908, with the applicable sub-registrar of assurances since the subject matter of the gift deed would be immovable property. Depending upon the state in which the property is situated, applicable registration charges will also have to be paid at the time of registering the gift deed.

Fourthly, so, as per the present situation you may be not time barred as it has already been executed and registered 2 years back.

Fifthly, there has been a time limit to get it registered, but not to get it transfer in your name.

once flat is transferred in your name in society records submit share certificates to the society for transfer in your name

2) there is no specific time limit to submit share certifcates but advisable to do it at earliest

Flat cannot be transferred in your name for period of one year from date of transfer made in father name

u/s 29(2) of Maharashtra Societies Act, the shares attached to the flat OR the flat has to be held by the society member for a period of one year before he can transfer the same to another person

in your case when your father purchased the flat, he was not issued share certificate by society

he transferred the flat to you by gift deed within one year from its purchase

when he transferred the flat to you he was not a member of the society. So the restriction contained in 29(2) of societies act was not applicable for the gift transfer

he is issued share certificate recently though he has already transferred the flat to you

issuing of share certificate is only a formal act pursuant to the resolution passed by society to accept your father as its member

so kindly ascertain when was that resolution passed in favour of your father to accept him as a society member

the share certificate can then be transferred to your name after expiry of one year from the date of such resolution

Dear Client,

By virtue of GIFT deed, you are already an actual owner and now property will transfer in your name instead of father. No share can be transferred unless the share has been held for one year before the transfer by the member.

So share certificate was to be in your father`s name and after one year holding this could have transfer in your name. Pursue if it could get transfer in your name directly which is right course otherwise in your father name and after one year in your name.

This is my response to you:

1. If there is valid Gift Deed then you are the owner of the flat;

2. If you wish to re-transfer the flat to your father's name then cancel/revoke the gift deed;

3. Or you can re-execute a Gift Deed again in your father's name;

4. Your query is incomplete, so kindly provide your doubts in pointwise form.

1.  Typically the Society can Transfer Membership ONLY after ONE year, from date of previous Transfer.  However this is in case of Sale Deed.  In your Gift Deed case the Society has to Transfer membership immediately.

2.  Title-Ownership of Property is already transferred to you via the Gift Deed. What now remains is Tranfer of Society's Membership.  Coop. Registrar /Society CANNOT transfer Ownership of Property.  Coop. Registrar /Society can ONLY Transfer of Society's Membership.

Keep Smiling .... Hemant Agarwal

There is no specific time limitation for transfer of the share certificate in the donee's name after executing the registered gift deed by the donor.

You may go through the bye laws of the society in this regard for further clarifications.

the society is under power of registrar at the moment so after we made an application to him showing all sales deed and gifting deed and trf charges he is ready to transfer the property on my father's name but since the same property is gifted to me by my father I just want to know that can registrar trf the same flat on my name after transfering the same on my father's name immediately if there is a time limit pls let me know the time limit.

Since the registered gift deed has been executed in your favor long ago,, the transfer of the share certificate to your name after it is transferred to your father's name is not at all an issue, he can very well do it on the basis of the registered documents produced before him.