Stamp duty & Registration fee
9 months ago
35 years before residencail property was gifted not registered
A.Dear Client,
The title of the gifted property is not transferred from Donor to Donee without registration of the Deed of Gift and registration of the deed requires to be made when both Donor and Donee are alive. The time limit for registration of any documents including the Deed of Gift before a Sub-Registrar is four months under section 23 of the Registration Act, 1908. Time is calculated from the date of execution (signature) of the deed.. As per the provisions of Section 25 of the Registration Act, 1908 if a document is not presented for registration within the prescribed time period of four months, and after four months, the document can be presented within another four months to the District Registrar. The District Registrar may impose a penalty up to a maximum of ten times of the registration fees and grant permission to Sub-Registrar to register the document. Reach out to an Advocate for guidance and steps.
The title of the gifted property is not transferred from Donor to Donee without registration of the Deed of Gift and registration of the deed requires to be made when both Donor and Donee are alive. The time limit for registration of any documents including the Deed of Gift before a Sub-Registrar is four months under section 23 of the Registration Act, 1908. Time is calculated from the date of execution (signature) of the deed.. As per the provisions of Section 25 of the Registration Act, 1908 if a document is not presented for registration within the prescribed time period of four months, and after four months, the document can be presented within another four months to the District Registrar. The District Registrar may impose a penalty up to a maximum of ten times of the registration fees and grant permission to Sub-Registrar to register the document. Reach out to an Advocate for guidance and steps.
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A.Dear client,
There are two laws that apply here. First is the Registration Act and the second is the Transfer of Property Act. Under Section 122 of the Transfer of Property Act, a gift of an immovable property is to be made by a deed and further this deed has to be registered.
There is also Section 17 of the Registry of the Registration Act which states that any instrument that transfers an interest in immovable property, it has to be registered instrument. In this case, since the deed has not been registered, you will not be able to use the deed as evidence in the court of law to claim a valid title to the property.
There are two laws that apply here. First is the Registration Act and the second is the Transfer of Property Act. Under Section 122 of the Transfer of Property Act, a gift of an immovable property is to be made by a deed and further this deed has to be registered.
There is also Section 17 of the Registry of the Registration Act which states that any instrument that transfers an interest in immovable property, it has to be registered instrument. In this case, since the deed has not been registered, you will not be able to use the deed as evidence in the court of law to claim a valid title to the property.
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