• Consideration of purchase of property transferred through transfer deed in blood relation

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
Asked 5 years ago in Property Law
Religion: Hindu

2 answers received in 10 minutes.

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20 Answers

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 

Ajay Sethi
Advocate, Mumbai
94695 Answers
7528 Consultations

5.0 on 5.0

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.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

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. 

Akash Gupta
Advocate, Gurgaon
66 Answers
2 Consultations

4.8 on 5.0

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

Prashant Nayak
Advocate, Mumbai
31930 Answers
179 Consultations

4.1 on 5.0

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. 

 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

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 

Retired Lawyer
Advocate, Gurgaon
767 Answers
6 Consultations

5.0 on 5.0

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.

Koshal Kumar Vatsa
Advocate, Gurgaon
2283 Answers
3 Consultations

5.0 on 5.0

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.

Devajyoti Barman
Advocate, Kolkata
22816 Answers
488 Consultations

5.0 on 5.0

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.

 

Ganesh Kadam
Advocate, Pune
12930 Answers
255 Consultations

4.9 on 5.0

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 

Yusuf Rampurawala
Advocate, Mumbai
7509 Answers
79 Consultations

5.0 on 5.0

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.

Yogendra Singh Rajawat
Advocate, Jaipur
22632 Answers
31 Consultations

4.4 on 5.0

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.

 

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

4.9 on 5.0

  1. As per the information mentioned in the present query, makes it clear that you are going/ planning to buy a flat which has number of transaction in the past from one owner to another.
  2. Let me tell you sir that there nothing to worry about the property having multiple transactions, but with all necessary records from past till today.
  3. As you have mentioned that there is no sale deed between father and son (which should not be as there are ways like gift deed, transfer deed to avoid stamp duty), but the transfer deed and that is also registered in the office of the Sub-  registrar’s.
  4. There is no harm in looking forward to buy the falt mentioned here in, just look for one reason that father should not have bought it with the HUF money and there should not be other coparscener in the family except you.

Sanjay Baniwal
Advocate, South Delhi
5474 Answers
13 Consultations

5.0 on 5.0

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.

 

T Kalaiselvan
Advocate, Vellore
84896 Answers
2191 Consultations

5.0 on 5.0

Mutuation is registration or transfer of the name in the records. In case of Society the transfer can be made without succession Certificate

Prashant Nayak
Advocate, Mumbai
31930 Answers
179 Consultations

4.1 on 5.0

If is society flat then flat has to be transferred in B name first then only it be sold 

Ajay Sethi
Advocate, Mumbai
94695 Answers
7528 Consultations

5.0 on 5.0

Yes mutation means updating of name in city survey records and tax receipts.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

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

Yusuf Rampurawala
Advocate, Mumbai
7509 Answers
79 Consultations

5.0 on 5.0

Transfer of property In govt. Record in B name.

Yogendra Singh Rajawat
Advocate, Jaipur
22632 Answers
31 Consultations

4.4 on 5.0

Mutation means transfer or change of title in the records of the local municipal body for the concerned property. Description:Mutation of a property is the transfer or change of title entry in revenue records of the local municipal corporation.

T Kalaiselvan
Advocate, Vellore
84896 Answers
2191 Consultations

5.0 on 5.0

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