Property Documentation Property Documentation

1 year ago

Father gives a small flat to married daughter-only child 4/5 years back.Due to builder conflict with land owner registration got delayed and process starting now.In the meantime father wanted to gift the flat to daughter and requested builder to change the name of owner.builder made a tripartite agreement with father and daughter about the transfer of ownership of the flat in daughter name and issued letter to building society.In this agreement it was clear that father is giving the flat as a gift.The letter of builder also indicates the transfer of ownership and the fact that it was a gift to daughter.
The agreement for transfer of ownership contains signature of builder ,father and daughter.It was notarised,with notary signature and stamp but there is no signature of any other witness .The builder said when there is a trilartite agreement and they have issued a letter detailing the reason(gift) and change of ownership,simple notarization of agreement is enough.No witness is needed.

Please tell me if the above notarised agreement,without witness signature is valid.

Anik

Responded 1 year ago

View All Answers
A.Dear Client
You need to tell the builder to hand over registered document otherwise your sister will not get any rights. Secondly types of documents you mentioned are invalid documents.
Hope it helps.
Helpful
Helpful
Share
Placeholder image

Anonymous

Replied 1 year ago

Sir Thanks for the response.The flat is yet to be registered.But on the basis of father's request ,the builder made tripartite agreement for change of ownwrship and issued a letter.The dispute between the owner of land and builder may take some more time to settle and the registration will start only aftrr that.
So what more needs to b done?

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Kishan Dutt Kalaskar

Responded 1 year ago

View All Answers
A.Dear Sir,
Such documents are invalid documents. Ask the builder to execute proper registered document otherwise your sister cannot get any rights.
Helpful
Helpful
Share
Placeholder image

Anonymous

Replied 1 year ago

Dear Sir
Thanks for the response.The flat is yet to be registered.But on the basis of father's request ,the builder made tripartite agreement for change of ownwrship and issued a letter.The dispute between the owner of land and builder may take some more time to settle and the registration will start only aftrr that.
So what more needs to b done?Is not daughter owner of the flat now?

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Read Related Answers

question iconCarring samples of hardware in my private maruti eeco
Dear Client, Legally, the law doesn't allow the use of personal vehicles for commercial purposes. Only commercial vehicles such as trucks and vans are allowed to carry commercial goods. Car owners who...
question iconLegal Advice on Property Buying through GPA
Dear Client, A GPA should be registered under the Registration Act, 1908 to make it legally enforceable for all the purposes it is executed by the Executor/principal empowering/authorizing a person t...
question iconChakbandi issue for plot
Dear Sir, You have to file a suit to declare and to get possession of the property measuring 29 x 60 feet and thus if any objections raised by other side can be decided by the Court.
question iconObc ncl
Dear Client, To qualify a person to apply for the OBC-NCL Certificate of his or her parent's certificate of Income is must and the threshold limit of annual gross income should be below 8 lakhs from a...
question iconCaste certificate
Dear Sir, It is a big task. You have not disclosed whether proposed caste comes under reserve category. If both the castes comes under OBC you may continue with the same caste.