This query is regarding execution of Gift Deeds.
We are staying in co-operative housing society in Mumbai. Owns one residential flat in that Society for the last more than 46 years. Flat was jointly held by my Aunty (50%), My father (30%) and Myself (20%).
My Aunty and father are 80+ age and staying with me for the last 46 years.
Now, query is;
1) My Aunty who is elder than my father, gifted her share of 50% to my Father thru Gift Deed, which registered on 29th Aug 2018, using proper stamp paper, with Registrar of Borivali, Mumbai,
2) After that on very next day My Father gifted his complete share of 80% to me (only Son) thru Gift Deed, duly stamped duty paid & got registered on 30th Aug 2018, with The Registrar of Borivali, Mumbai.
3) Now I hold complete 100% shares (80% share of Gift + 20% my own share in flat)
4) There was no time to give effect Of the transfer of names from Donors to Donee, share certificate issued by the Society, since, the 1st Gift deed executed on 29th Aug 2018 and 2nd Gift deed executed on on very next day, i.e. on 30th Aug 2018.
Office bearer of the Society has refused to give effect of the aforesaid transfer in their records, as they are suggesting that execution transfer effect of 2nd Gift Deed can only be done after giving proper transfer effect of 1st Gift Deed in the Society records..
Please do suggest & advice on legality of giving transfer effect in the society record to get legal title on my name...
A.Society is not above the law and the Sub-registrar's legal powers and authorities. If the registrar can the legal system can give effect to such kind of transfer of property then it refusing to give effect by the Society in their records appears laughable and they certainly are acting beyond their capacity. Let them follow the procedure two times for the transfer and create records and in case it involves any kind of cost then you should bear that cost. If the Society is not going ahead with that then move the court.
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Yes, the mutation will be taken place as jointly in respect of your respective wives. You have to produce certified copies of both the Gift Deeds.
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