Hi, There is a flat in Mumbai in the name of my grandfather and my aunt. My grandfather's name is first and my aunt name is second on the share certificate as well as on the sale deed agreement. My grandfather has done a gift deed of his 50% share of immovable property in my name and it is registered with the registrar's office and stamp duty is paid in 2022. The gift deed is with me and has not yet been submitted to the society for their records. Following are my queries: 1. Can society deny/say no/delay to transfer the said 50% (as per gift deed) to me? 2. After society transfers the said 50% (as per gift deed) to me, whose name will come first and whose name will come second? I mean, my name will come as a first as I am replacing my grandfather's share or my aunt name will become first and mine will become second. 3. My aunt wants the whole property. On what grounds she can challenge the gift deed and what are the remedies for that? 4. At the time of making the gift deed and till now my grandfather has not informed my aunt(co-owner) about the gift deed in my name. Was her(aunt) consent required before making the gift deed? Thank you for your time.
Society is bound to transfer flat in your name on basis of registered gift deed
2) your name will appear first and aunt name second
3) she can file suit to set aside gift deed on grounds that grand father is not mentally fit or executed under coercion or undue influence
4) aunt consen t is not required
1. Society can't deny to transfer fifty percent share in the flat in your name, as per the registered Gift Deed. However you have to arrange for getting your name mutated in the jurisdictional Mahanagar Palike/Corporation in respect of transfer of fifty percent share in the flat.
2. Since your grandfather's name is being replaced by your name based on the registered Gift Deed, likely that your name appears first.
3. If your aunt challenges the registration of fifty percent share through Gift Deed in your favour by showing the reason as you forced, threatened your grandfather by coercing, or brainwashing him resulting in his executing Gift Deed in your favour, you have to counter it effectively by legal means.
4. Since your aunt is joint owner of the property, even though consent was not required, still your grandfather could have informed her about his act.
1. No, the society cannot deny the transfer of the 50% share of immovable property as per the gift deed.
2. Your name will be first and your aunt's name will be second on the share certificate.
3. Your aunt cannot challenge the gift deed as it is legally valid and binding.
4. No, her consent was not required before making the gift deed. However, she should be informed about it.
My findings are as follows:
1. No, society can't deny registered gift deed.
2. Your name will come first, means your grandfather's name will be replaced by your name.
3. If she is staying in that property. she may claim the whole property on her rights to live (only she has one shelter) and can pay balance amount to you 50% as per market value or court may decide it.
4. No, your grandfather has full rights to whom should he wants to give his share. only at the time of selling the share needs to take concern or NOC of joint owner.
1. Since you have become a joint owner along with your aunt, replacing your grandfather, you can get his share in the share certificate transferred to your name.
You can submit an application along with requisite documents and comply with other requirements too.
2. Since you have got your name included as a joint shareholder now, the society may add you as a second shareholder.
3. It is not known that how she claims the entire property, but you can challenge her claim in the basis of registered gift executed by your grandfather in your favour.
4. It is not mandatory to obtain her consent to transfer his undivided share in the property in your favour.
Respected Sir, Thank you for your reply. My follow up question is regarding point no. 2 i.e sequence of names after transfer via gift deed. Can you tell/guide/direct me to any section or Act or Law mentioned in any books of law? Thanks again.
your grand father name stands first on share certificate . he has transferred his 50 per cent share . therefore your name will be reflected first in share certificate . in any case both you and aunt are co owners of flat
. Irrespective of the sequence of names in the sale deed and subsequent gift deed, there will not be any preferential treatment or any variation in the percentage of shares held by joint owners. In other words, the name of the person whose name appears first in the sale deed or Gift Deed will not be getting more share in the property other than what's mentioned in the deed. The name of the person whose name appears second in the sale deed or Gift Deed will have same amount of share in the property as that of the person whose name appears first.
It makes no difference whether the name in the share certificate is appearing first or second. Since your grandfather and his daughter were co-owners with equal rights in the property, your grandfather's undivided share in the property has been transferred to your name, hence you are having equal rights in the property wherever your name appears.
You can file a suit for partition and claim your share with separate possession which will smother her pressure on you with her claims.
1. No
2. That you can decide as it's equal percentage
3. It depends on facts of the case there are many grounds like medical conditions, coercion, undue influence, fraud etc
4. If she is a legal heir to that property then yes
Dear client,
The society may not deny the transfer of 50% ownership to you, as the gift deed is a valid legal document transferring the ownership of the property from your grandfather to you. However, the society may require certain documents and clearances before processing the transfer, such as a no objection certificate from your aunt and payment of any outstanding dues, so it's best to check with the society's rules and regulations on transfer of ownership.
The order of names on the share certificate and sale deed agreement will remain the same unless they are amended through a legal process. Therefore, your aunt's name will continue to appear before yours on the share certificate and sale deed agreement.
Your aunt may challenge the gift deed on various grounds, such as fraud, coercion, undue influence, or lack of capacity of your grandfather to make the gift. However, as long as the gift deed is properly executed and registered, it will be presumed to be valid unless proved otherwise. Your aunt may need to file a legal suit challenging the validity of the gift deed and provide evidence to support her claim.
Your grandfather was the legal owner of his 50% share of the property, and he had the right to gift it to you without the consent of your aunt. However, your aunt may be entitled to claim her share of the property as a co-owner, and she may have legal remedies to enforce her rights, such as partition or sale of the property. It's best to consult a lawyer for specific advice on your situation.
point wise reply to your query nos. 1 to 4:
1. NO
2. Your name will come first
3. she can claim that the gift deed was made to be signed by your GF by exercising undue influence on the GF. by you. For that she will have to file a suit for a declaration that the gift deed is not valid. Your GF and you would be made party defendants. If your GF supports you and the fact that he had signed the gift deed out of his own free will, then your aunt's suit will fail
4. consent of aunt is not required
follow up:
there is no section/law or anything. its simple. you are merely stepping in the shoes of your GF. So your name will come first. And by your name reflecting first, would not mean that your aunt's 50% share in the flat is anyway affected. Yes only for the purpose of meetings and casting votes, your vote/say will be considered and not of your aunt's
