Gift deed executed by mother has to be duly stamped and registered
2) before execution of gift deed register the allotment letter as per sub registrar advice
Gift Deed for plot in Co-op Hsg Soc.
1) My mother was one of the 50 founding members of Co-op Hsg Soc formed in the year 1986 in Nashik city. Her signature is there in the by-laws of the said society as a founding member of the society. 2) Land was purchased from seller on Rs. 5000/- stamp paper by Promoter of the society and the said land was divided into 55 plots. 3) Layout of land was created and permission was taken from Nashik Municipal Corporation. 4) In the year 2002 on 100 Rs. Stamp paper allotment letter was given by society to its members. The allotment letter has signature of then chairman of society and my mother. It has not been registered at all. Society has issued allotment letters only to all other members as well. 5) My mother wants to gift this plot. Current valuation of plot ad measuring 476.80 sq meters is 6590000 (65 Lakhs Ninety Thousand Only) Rupees. 6) We have taken NOC from society . Other documents given to lawyer are NA tax receipt for 2020-2021 and latest 7/12 Extract which has the name of the society on it. Also, purchase agreement has been provided to him. We are facing certain issues: a) Society lawyer is saying that gift deed should be done on Rs. 500 stamp paper and 1% registration fee would be applicable. Stamp duty of Rs.200 would also be applicable. b) Sub-registrar has been shown the papers through my lawyer and I am given to understand that allotment letter needs to be registered by paying 1% registration fees as no document is registered with them. Why is this necessary as my mother is a founding member of the society (and what about stamp duty in this case?) My lawyer is saying we will have to prove that we need not pay registration fees to the sub-registrar. He is saying simply saying things would not help. What should I answer my lawyer regarding this? How can we prove this to the sub-registrar? My lawyer is also saying that after a fresh allotment document is signed and registered then we can proceed with gift deed by paying Rs. 200 as stamp duty and then no registration fees would be required. Given that my mother is a founding member of the society I want to ask this: Which is the correct legal way forward so as to not face any legal issues later on - do what society lawyer is saying i.e. do gift deed on Rs. 500 stamp paper and pay 1% registration charges or do things as per wishes of the sub-registrar i.e get fresh allotment done from society and pay registration charges (what about stamp duty?) and then do gift deed by paying Rs. 200 as stamp duty. If you need any additional information do let me know.
Asked 3 years ago in Property Law
Religion: Hindu
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4 Answers
1. Your mother should have a registered document on her name for carrying out further transaction in the immovable proeprty including the proposed gift deed.
The sub-registrar is right is opining that the registered document only shall confirm her title, just becasue she is a founder member, she cannot violate the law or claim ownership to the property, the law is common and equal to all.
The founder membership do not confer any title to the property to your mother.
2. Your lawyer's opinion and suggestion to obtain a fresh allotment letter and get it registered is the alternative solution to the problem, which appears to be a nice suggestion.
Go by the prescribed procedure as laid down in the Registration Act.
Present the gift deed to the sub-registrar for registration. On refusal to register it, sub-registrar shall make an order of refusal and record his reasons for such order in his book no. 2 and endorse the words "registration refused" on the documents.
Apply to the registrar to give a copy of such reasons.
With this endorsement and reason recorded go go appeal to the Registrar within 30 days of the order , stating grounds for registration.
The Registrar may reverse or alter the order.
If it does not go in your favor the move to jurisdictional district court to direct the registrar to register the document.
Note for you.
A mere verbal refusal is not sufficient.
Registration of allotment letter would amount to double registration. It is like that you purchase a land and get it registered. And after construction of the house thereon again register the house. It is an unlawful demand by the Sub-register.
If the Sub-registrar refuse to endorse the refusal on the documents and to give copy the reasons recorded , bring everything in writing by issuing him a registered letter stating the above facts.
It is the statutory duty of the Sub- Registrar to act in the above manner.
In default you can file writ in high court seeking necessary directions to the registrar in this regard.
- Only a registered owner of a property can further transfer the property legally
- If your mother is a registered owner of the said property , then she can transfer the same after executing a registered Gift deed in your name , and only being a founder member and NOC is not enough .
- Hence, adopt the suggestion of your lawyer
