I am 35 years old. my father is mentally not well and also getting old. he has a property which has gone in redevelopment and is not developed. now he has got the flat and is staying their. but the builder has not given any agreement papers yet. my father only has allotment letter with him. the light bill has started coming in my fathers name and also the maintenance bill is coming in my fathers name. so is it possible to make property papers to transfer the property in my name. the reason to do so is be cos my father has a older brother, whose eyes are on this property and he knows that my father mental state is not well so he might use that to do something. so to avoid that problem. i want to get the property transferred on my name. so is it possible to do so with just allotment letter and what is the procedure to do so or what else papers will be needed to do so.
1.After obtaining all the property papers, let your father gift the property to you by executing a registered Gift Deed in the jurisdictional Sub-Registrar's Office. By this, you will become absolute owner of the property during your father's lifetime itself.
2. In case, the above solution is not feasible for whatever reason, then let your father execute a WILL mentioning you as the sole beneficiary of the property after his death.
Father can very much transfer the property through registered gift deed to you on the basis of allotment letter. The gift deed can be registered with clause that, the flat belongs to father and he is given allotment letter by the builder. Such give is valid and legal all other documents like oc and share certificates can be obtained in the name of donee on the basis of registered gift deed. Once such gift deed is registered, not can challenge the title of donee.
Your father can gift the same in your name by execution of registered gift deed.
1. there is an option of your father making a gift deed for this property in your favour. But since his mental state is not well, he will be incompetent to enter into any type of document including the gift deed
2. your father's title to this flat needs to be completed as the builder must register a permanent accommodation agreement with your father. This PAA will constitute his title document. As your father cannot enter into any kind of agreement due to his mental incapacity, you can apply to the High Court for being appointed as his guardian so that you can complete all the formalities of the PAA on his behalf under the supervision of the Court
3. you need to elaborate how your uncle can lay a claim on the flat which you want to be transferred to your name?
1) it appears your father has given for redevelopment his plot on basis of development agreement
3) supplementary sharing agreement must have been entered into between builder and your father
3) if not ask builder to enter into such agreement and register it
4) then later father can execute gift deed in your favour
- If your father has booked the flat from the builder and possession came to him after issuing allotment letter , then you can enter into an agreement with the builder to registered the said property in your name, however consent of your father is necessary.
- Further , if land was given for development , then also same rule will apply .
- Your query is not very clear to reply , that whether the land was given by him to builder and he booked a flat from that builder.
A gift deed must be made and executed by him in your favour. A will can also be made.
Dear Sir
Your father can have a gift deed drafted and execute it in your favor for the land to be transferred to your name.
This will be fine unless he is so unwell that he is considered not sound enough to consent to the transfer.
Alternatively, he can just write and will and get it registered so that the property comes to your name after his death.
Thank you
Make a gift deed and the property belonging to your father would be transferred to your name in the minimum expenses. All you need to have is the allotment letter, possession letter, registry document of your father’s name and etc (light, water, maintenance bill).
Regards
If the property was on your father's name, then his brother who has no rights or interests in this property cannot grab this property for any reason.
Since your father is not mentally well, he cannot transfer the property to your name, even if you get one transferred to your name, it would be invalid when someone challenges the same mentioning that your father was mentally ill by producing the documentary evidences to substantiate his mental ill health and make the transfer invalid in the eyes of law.
The builder cannot transfer the property to your name if the property was on your father's name, in the give circumstances you may approach court with a petition to declare your father as mentally retarded person and to appoint you or anyone as court guardian to take care of him as well as his property. Thus in the given circumstances, the property will remain on your father's name alone till his lifetime.
