Gift deed property transfer and further selling the same
5 years ago
Property purchased in 2004 by elder brother A in Mumbai Co Op Housing Society. Gifted to younger brother B in May 2018 through registered Gift deed with required stamp duty paid. Younger brother applied to society for transfer of shares on basis of gift deed.
Younger brother wants to sell this flat. I am interested in the flat but told that unless you are entered as a member in society’s record we cannot move ahead. I have paid token amount.
Now society is taking its own time and says transfer will be done in AGM only which is two months away.
Now brother No.2 requested society to issue NOC for selling of property. Society issued NOC saying we have received transfer request from him and gift deed submitted. We are in process of transferring the said flat and have no objection if he wants to sell this property.
My questions are :
1. Can I go ahead and pay balance amount on basis of society NOC.
2. Can this agreement be registered with Younger brother as seller and I as buyer.
3. Will registrar object seller name not showing in society’s share certificate.
4. If later on society finds some reason for not transferring in younger brother’s name than what can be done.
I have not gone through all clauses of gift deed.
5. What remedies are available to proceed without putting me in any possible legal disputes related to title?
6. Should I request seller to wait till the society transfers in his name.
7. Seller is insisting to move ahead without fearing for complications.
Please suggest as to how to move ahead.