Gift Deed - property transfer
Hi,
We are total five siblings (3 brothers and 2 sisters) belonging to a Muslim Family. All are married and settled.
We have a building which was built by Grand father and we brothers are staying there on each floor. My Grandfather has 3 daughters and 1 son (my father). This building came to my father by inheritance.
Due to my dad sudden death, there was no will created. We all (brothers, Sisters and mother ) had made our eldest brother the legal heir of this building 15 years ago for smooth legal operation, a Heirship Certificate issued by the IInd Joint Civil Judge, Senior Division and he is recognized as heir and owner of the property.
I am staying in a flat under the same said building with my mother and I would like to get the registration done now as I don't have any legal document of the same flat where I am currently staying at. I want to know can I ask my brother to make a gift deed which can be registered and then I can become the owner of the flat. Will this gift deed be legal and valid? Can my two sisters and other brother challenge this gift deed?
Asked 9 years ago in Family Law
Religion: Muslim
The building has 2 and 1/2 floors and total 6 flats and 2 shops.
There were some tenants on rental basis in the building, we have sold 2 shops to them on ownership basis. That time our dad was not there so we all (brothers, sisters & mother) have given the full permission to my brother and made him legal heir and owner of this building so that we can do this transaction and sell the shops to tenants.
Also I have also done a sale deed earlier for a flat (earlier a tenant used to stay) in 2009 with my brother in the same building and done the commercial transaction by paying the money to tenant to vacant the place and paid some money to brother (the payment receipt is included in the sale-deed). Also got that sale deed registered. I have this flat on rent.
Now there is another flat in the building which I want to get the registration done. I am currently staying in the flat with my mother. How do I get the registration done for this flat now? Sale-Deed with showing money transaction or Gift-deed?
Asked 9 years ago
What if I get the release deed done for this flat and get the signed on this from my brothers & sisters. Also register this release deed.
Is it better and safe way to get the ownership of this flat compare to a Gift deed or sale deed?
Asked 9 years ago