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.
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.
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.
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.
yes you can do that
donor will be the transferor
donee will be the confirming party
you will be the transferee
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 .
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.
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.
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.
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
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
Thank you all for answering my question. It has helped me a lot. One more question is what if the same gift deed house shows in Government's registration&stamps department website as prohibited under "protected forests vide notification 73&74/2006" Is it advisable to go for it?
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 .
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.
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.
If the house is on forest landand protected for forest then you cannot purchase it as such plot cannot be sold.