Execution of gift deed with GPA/SPA from place of residence Execution of gift deed with GPA/SPA from place of residence

3 years ago

Father died intestate. Properties at different place. Sisters are at different place. They want to give me gift deed.
Can I take GPA/SPA from them at the place of there residence to execute gift deed in favour of me at property jurisdiction subregistrar office?

Anish Palkar

Responded 3 years ago

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A.I have gone through your query in detail.
1) As your father has died intestate, i.e. Without making a “WILL” you will first have to apply to get a succession certificate for inheriting the property. You should file an application in the civil court of the district where the property is of the deceased or where he normally he lived in that city/State.
2) NOC in an Affidavit form can be given by your sisters which can be submitted in the court so that there are no more claims related to the property.
3) The court shall issue you a succession certificate within 6 months from the date of application.

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ADV. ANISH PALKAR (High Court)
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Anand Shukla Legal Practitioner,Legal Consultant & Advisor

Responded 3 years ago

A.Dear Sir/ Madam
How can a gift deed be executed unless it is partitioned.
File a suit for partition and let court decide the share and the give legally

Anand Shukla
Adv
Delhi High Court
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Kishan Dutt Kalaskar

Responded 3 years ago

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A.Better take SPA.
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Shreesh Chadha

Responded 3 years ago

A.Sir documents pertaining to the properties should be executed at the place where the property is situated.

GPA is a separate document, which also has a stamp duty and has to be executed at SR office in the property jurisdiction, and Gift Deed is a separate document executed in same manner. Do not try to bypass these basic requirements.


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Adv Shreesh Chadha
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