• Can I buy a house based on gift deed

Can we get into agreement of buying a house based on gift deed where the donor and donee both are present and signs on the agreement, though the gift deed is not registered but it is registered on donor.
This is a gram panchayat approved plot.
Asked 7 days ago in Property Law from Ameenpur, Telangana
Religion: Hindu

Sir you can purchase the property , if the gift deed is not registered then the sale deed should be signed by both donee and donor as confirming party.

Shubham Jhajharia
Advocate, Ahmedabad
9454 Answers
31 Consultations

5.0 on 5.0

registration of gift deed is mandatory 

 

2) font purchase house based on un registered gift deed 

Ajay Sethi
Advocate, Mumbai
54249 Answers
3256 Consultations

5.0 on 5.0

Hello, 

1) An unregistered Gift Deed has no validity before law. However there's no harm in getting the donee to sign as a Confirming party in the sale agreement.

2) If the house possesses required government sanctions and the sale is not forbidden for any other reasons you can certainly make the purchase.

S J Mathew
Advocate, Mumbai
2332 Answers
110 Consultations

5.0 on 5.0

yes you can do that

 

donor will be the transferor

 

donee will be the confirming party

 

you will be the transferee

Yusuf Rampurawala
Advocate, Mumbai
2501 Answers
8 Consultations

5.0 on 5.0

1. An unregistered gift deed is not valid from the point of law .

2. Every immovable property is mandatorily registered if such property value is above Rs.100 or above Rs.1000 .

3. You can cancel the unregistered gift deed for filing Suit for Cancellation of Unregistered Gift Deed in Civil Court Even if it is Valid . 

4. The Registration Act 1908 is not applicable if gift deed is not registered and there is no value in the eyes of law .

Mohammed Mujeeb
Advocate, Hyderabad
3200 Answers
2 Consultations

4.5 on 5.0

Dear Client,

Unregistered gift deed not valid, donor is still actual owner. Sale deed will execute with donor basing his ownership through registered sale deed. Donee has no say in the matter and in actual no status of donee ever acquired.

Yogendra Singh Rajawat
Advocate, Jaipur
6468 Answers
5 Consultations

4.7 on 5.0

It is better you ask them to get the gift deed registered. As per Section 123 of the Transfer of Property Act, a gift of immovable property cannot pass any title to the donee unless it is registered.

Vibhanshu Srivastava
Advocate, New Delhi
7474 Answers
88 Consultations

5.0 on 5.0

Better you make tripartite sale deed, signed of donor & donee plus registered the documents with registrar. 

 

If you want tripartite agreement I can prepare for you at reasonable cost.

Ganesh Kadam
Advocate, Pune
4453 Answers
29 Consultations

5.0 on 5.0

If the gift detail house resale of the plant then there is no problem but please check the gift conditions before you go for the registration that all the gift conditions are already made out

Vimlesh Prasad Mishra
Advocate, Lucknow
3780 Answers
7 Consultations

4.9 on 5.0

Gift deed is not registered which means donor is still owner of the property

Unregistered gift deed is not valid ,if gift deed is not registered , legally there is no value of such gift deed

Gift deeds will be valid only after they have been registered, the stamp duty is paid, and all other formalities are completed, 

In your case you can purchase plot from donor and donor has right to sign sale deed as actual owner , donee has no right to sale 

Both donor and donee are present then there is no issue for you 

 

Dimple Jain
Advocate, Jodhpur
205 Answers

Not rated

  1. As per the information mentioned in the present query, makes it clear that the gift deed is not registered.
  2. I advice you to not to go for any transaction with respect to the property which is transferred to someone by way of a gift deed which is not registered.
  3. Of you still go for the same, then there are all chances that someone would from the family may come up and start a litigation saying that the gift deed was never executed, so how your transaction can said to be a valid one.

Sanjay Baniwal
Advocate, South Delhi
2561 Answers
5 Consultations

4.9 on 5.0

1)you should not proceed with gift deed as registration is prohibited 

Ajay Sethi
Advocate, Mumbai
54249 Answers
3256 Consultations

5.0 on 5.0

No I would strictly not advise you to purchase such property.  You should not purchase it.

Shubham Jhajharia
Advocate, Ahmedabad
9454 Answers
31 Consultations

5.0 on 5.0

It would be better for you to take proper legal guidelines by showing complete files of your case to an advocate so that you can take a right path to handle your issues. Vague answers will not give you the exact relief .

Mohammed Mujeeb
Advocate, Hyderabad
3200 Answers
2 Consultations

4.5 on 5.0

You can buy the property from a valid title holder only.

The unregistered gift deed will confer any rights over the title to the donee.

The gram panchayat approval is more valid

You consult a local lawyer and then proceed.

T Kalaiselvan
Advocate, Vellore
44215 Answers
504 Consultations

5.0 on 5.0

That's the reason that the gram panchayat approval is not valid because they will sanction anything for money, the buyer will suffer at a later stage when the forest department do not allow to occupy the property.

Better obtain a proper legal opinion and then decide about buying the property.

T Kalaiselvan
Advocate, Vellore
44215 Answers
504 Consultations

5.0 on 5.0

If the house is on forest landand protected for forest then you cannot purchase it as such plot cannot be sold.

 

Abhilasha Wanmali
Advocate, Nagpur
880 Answers
1 Consultation

4.8 on 5.0

protected forests than postponed the deal. 

Yogendra Singh Rajawat
Advocate, Jaipur
6468 Answers
5 Consultations

4.7 on 5.0

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