• Coop housing society or Freehold

My father purchased a row house in coop housing soc in 1990 in TP scheme in vadodara Gujarat. In 2017 we paid the stamp duty penalty which was lapsed by builder. property card shows my fathers name.
So I want to confirm that if my father give that property via gift deed to me , do I need to get my name in share certificate or is it now considered as freehold property. If not considered as freehold property then how to get it done.
Asked 5 years ago in Property Law
Religion: Hindu

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25 Answers

Your father can gift the property to you.

On the basis of registered gift deed, share certificate will transfer in your name.

 

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

Father can execute registered gift deed in your name 

 

2) you have to apply to society for transfer of share certificate in your name 

 

3) pay the transfer charges to the society 

Ajay Sethi
Advocate, Mumbai
99971 Answers
8159 Consultations

If it is in cooperative housing society than you can get the membership transferred to your name and its done

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

Once gifted you can change the same in share certificate

Prashant Nayak
Advocate, Mumbai
34656 Answers
249 Consultations

1. Yes, your father can during his lifetime can gift this property to anyone of his choice 

2. Th donee on the basis of the gift deed can enjoy the property as his exclusive property to the exclusion of the whole world and reluctantly get his name recorded in the share certificate in place of the donor.

3. Even f you not get your name recorded in the share certificate your sole title in the property would not be hampered. 

Devajyoti Barman
Advocate, Kolkata
23659 Answers
538 Consultations

If the property held by your father was a freehold property then by transferring the said property to your name by a registered gift deed, you will become an absolute owner of the property with clear and marketable title.

You can also the the share certificate transferred to your name subsequently.

T Kalaiselvan
Advocate, Vellore
90173 Answers
2505 Consultations

1. Father may based on share certificate and allotment letter make a registered gift deed in your favor , after same you may change your name in municipal record and share certificate.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

I would definitely recommend  solution and answer your questions lawfully with legal propositions as follows:- 

As per your facts of the case ,Your father purchased a rowhouse in 1990  in TP Scheme and the property was not registered which has been registered in 2017 with the payment of stamp duty and penalty. 

The property stands in your father's name.

Please approach Secretary of the Society as legal Heirs of your father and produce Gift deed executed by your father to get your name on share certificate lawfully. 

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

Yes if the property is purchased by father and its on is name than its freehold property . your father can make gift deed.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

1. If the title of your father is free and marketable then he will pass a free and marketable title to you as well through a gift deed.

2. The gift deed should be registered.

3. After the execution of gift deed you should apply for transfer of share certificate to your name.

Ashish Davessar
Advocate, Jaipur
30843 Answers
982 Consultations

Your father is title holder of the property and he has all the right to dispose the property as you wish in case this property is gifted to you definitely you will have to get your name in share certificate and for this purpose you have to get the property transferred in your name and provide the document to the society to transfer the share holding and enter your name as a share holder

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

The property belongs to the society and hence it may be made a freehold property if additional dues are paid to the municipal corporation.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

1. If property is registered on name of your father then you don't need to get share certificate from society if your father gift property to you. 

2. It is a free hold property you just need no dues certificate from society for selling it to third party.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

Your row house is part of cooperative housing society 

 

you may be owner of row house but for transfer of row house you need society consent 

Ajay Sethi
Advocate, Mumbai
99971 Answers
8159 Consultations

- If , the said property already become free hold after paying the stamp duty penalty etc, then it become the self acquired property of your father ,and he can transfer the said property to you by way of registered Gift deed legally.

- Further , after getting the Gift deed in your name , you can apply for membership by paying transfer fee and share money and admission fee i.e. as per the provisions of the coop housing society. 

Mohammed Shahzad
Advocate, Delhi
15840 Answers
243 Consultations

Yes it is freehold property and as per records on property card you and your father owns the property.

It is pertinent to note that your property is a part of Society and Society is being Governed by Soc Act 1960 and Rules 1961.

Your father had purchased property in Society and as per law Society owns the property collectively and members enjoy the right and privileges as per.CHS Act 1960 and Rules 1961.

Property is freehold but owner of the property is Society of which you and your father is member on record. 

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

No you don't have to take any clearence if it's not a CHSL but need to take clearence from some authority if it's under it. 

Prashant Nayak
Advocate, Mumbai
34656 Answers
249 Consultations

What is the difference, whether it is Coop housing soc or Freehold property. Your father being actual owner can gift the property.

 

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

The property was a freehold property during your father's lifetime itself.

It was subsequently transferred to you in the same status hence it is a freehold property only. 

You do not have to take any clearance from the society or registrar to prove the fact.

T Kalaiselvan
Advocate, Vellore
90173 Answers
2505 Consultations

No clearance is not required 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

Yes your house is now a free hold property but you have to get NOC from society if they are collecting Maintenance amount from residents. 

 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

No you don't require any permission from society you may using latest  tax bill, possession letter, share certificate of society make a registered deed with the sub registrar office.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

1. If the house if already freehold then it will be freehold in your hands as well.

2. Only a local lawyer well versed with local laws can tell whether any clearance is required from any authority or not.

Ashish Davessar
Advocate, Jaipur
30843 Answers
982 Consultations

Your Father Can Execute Gift deed. 

Pay society transfer charges as per Bye Laws and transfer share certificate.. 

Mohammed Mujeeb
Advocate, Hyderabad
19371 Answers
32 Consultations

The property can be done freehold by paying additional dues to the municipal corporation.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

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