mutation of property should be done in B name first
2) then only should you purchase the property
3) check whether all property taxes have been paid
4) since transfer has been without consideration it would be regarded as gift deed
Dear Sir, I am planning to buy a property in Faridabad Haryana. This is a Flat in Society and whole society has been developed by builder. Here is the list of transaction for this property. 1. Society Builder sold this flat to two brothers - March 2008 - Conveyance deed executed 2. Those two brother further sold this to Mr. A in September - 2011 - Sale Deed Executed 3. Mr. A transferred this to one of his son Mr. B thru ( Transfer Deed - Without Sale Consideration - Blood Relation- Exemption of Stamp Duty on this transfer deed vide Haryana Govt Gadget Notification Dated 16.06.2014 No. S.O. 62/C.A. 2 / 1899/ S.9 / 2014) 4. This transfer deed ( this is not on stamp paper , rather simple paper) is registered in sub-registrar office , Faridabad Haryana. - Sep 2017. Father is alive. 5. In the muncipal record however mutation has not been updated / transferred in the name of Mr. B so far. 6. Mr. B is now selling this property to me. Queries 1. Is this ok to proceed with this property 2. Is this ok that the transfer of property from father to son is thru Transfer deed instead of Gift Deed 3. Any other thing that I need to consider to get done before proceeding for this property Regards Ashwani
mutation of property should be done in B name first
2) then only should you purchase the property
3) check whether all property taxes have been paid
4) since transfer has been without consideration it would be regarded as gift deed
1. Yes the title with B is absolute,B can get the mutation update based on transfer deed registered with sub-registrar and can sell same based on same.
2. Yes if the government exempt same from stamp duty then a registered transfer deed is valid.
3. See check all the chain documents are registered, society maintenance is paid and NOC is taken for sale.
Hi, it's absolutely good. One can transfer the property through sale deed which one has acquired vide transfer deed without paying stamp duty. Go head with this if need any advice or our services kindly contact the below named advocate Akash Gupta.
It should be registered gift deed for transfer. Unregistered transfer deed is not valid in eyes of law. Only consider Registered instruments like partition deed, will and gift deed for Succession
1.Mr B is Absolute owner yes you can proceed.
2.Without peruse the documents proper advice is not possible kindly approach any local advocate.
Dear Sir,
- Do ensure the mutation is done
- All the Documents with chain of transfer
- Cross check if all the dues are paid or not.
Regards
Vivek Arya
1.Yes why not.
2.No harm.
3. Do one thing only get the signature of Mr.A on the conveyance deed at the time of registration.
1. Apparently the title looks clear. Mutation is no proof of title and hence lack of it would not cause any cloud in title of the property.
2. Yes unless it was sale deed which requires passing of consideration compulsory.
3 . Do get the papers checked by a local advocate before proceeding to by this property.
1) If the property in registered on "B" name in the revenue department than he can apply by providing same papers to municipal corporation and get property transferred from "A' name to "B" name and other electricity bill papers as well.
2) This procedure may take 15 days only, than "B" will have clear title of property papers.
3) You can proceed once all title rights are on "B" name.
4) No matter if property is already transferred on "B"s name than no issue.
5) If still you want o be safe in future from this transaction, than create your sale deed as tripartite agreement and narrate all history in it and registered with sub registrar along wit father's and son signature in the registrar office.
1. yes it is ok
2. if the transfer through transfer deed was made without payment of any stamp duty, taking benefit of a government exemption circular in this regard, and also as the transfer deed is duly registered, in my opinion, B has got a valid and clear title to the property
3. however as and by way of abundant caution, i would advise that you make the father A as a confirming party in the sale deed to be executed between B and you
Dear Client,
Transfer deed if duly registered at sub registrar office than B has clear title. Still ask him to first mutate the property in his name in govt. records.
Title suppose to be gift deed or settlement deed, Transfer deed has no existence. But due to waiver of stamp duty, this may be called transfer deed.
Before proceed to purchase, check complete chain of documents and non encumbrance certificate.
1. yes, it is ok and legal.
2. yes, it can be
3. check all the documents(originally) and also check the status of the property in the sub registrar office after filing inspection.
all the terms and conditions like free from all encumbrances and there is no other documents regarding the property i.e. title, mortgage or other charge are upon the property by any means should also be mentioned in the documents.
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1. Since the vendor is having a clear and marketable title on his name he can very well execute a registered sale deed in favor of the buyer, the buyer can obtain a legal opinion and proceed with the purchase.
2. You verify that what kind of transfer deed it is, becasue transfer deed is a common name even for the sale deed.
3. Obtain a legal opinion from a local advocate before venturing into the purchase of this immovable property.
Dear Sirs, Many of you have mentioned that Mutation of Property shall be done in Mr. B name first. Could you please confirm what is definition of mutation here. Since this is a society flat. Does mutation means that Mr. B's name is updated in MCF / Tax records ? Regards Ashwani
Mutuation is registration or transfer of the name in the records. In case of Society the transfer can be made without succession Certificate
mutation means entering the name of the transferee/buyer in the society records like share certificate and also entering his name in the municipal records like property tax, electricity bills etc
however in my opinion it is not necessary that mutation or entering of B's name in above records has to be done first, before he can sell the property to you
in many cases people dont mutate or change the various records like above after they have acquired the property and continue in the name of original owner
that per se does not affect the title of the person
the seller B can always give you a POA for the purpose of mutating his name in all the records and also to sign on his behalf on all forms and applications so that the property is subsequently mutated in your name
if the seller B can himself do the mutation within short time then let him do it
if the procedure is taking time and you intend to buy the property and take its possession, you can take a POA from B as aforesaid so that his name is entered in the relevant records
this POA will be a limited POA and will be automatically revoked once the mutation process in name of B and in your name is complete