I want to gift the flat to my sister I want to gift the flat to my sister

8 months ago

I own a flat registered in my name. I want to gift the flat to my sister. To this effect, I have signed a Memorandum of understanding with my sister. We want to register the gift deed at the earliest but the process is getting delayed due to some soft ware related issues in the Office of the Registrar. My query is" can my sister be legally considered as owner of the flat under the MOU for seeking member ship of the Apartment Owners Association till the registered gift deed is produced"

Kishan Dutt Kalaskar

Responded 8 months ago

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A.Dear Sir,
Normally, property cannot be treated as legally transferred unless there is legal document. Considering the relationship between you. You may request the Association to treat your sister as the owner of the apartment by taking your MoU and NOC.
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Anik

Responded 8 months ago

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A.Dear client,
The law states that a person cannot be the owner of the property until the property transfer is registered and the registration process is fully complete. Hence, till you execute a gift deed, you will still be the owner and your sister cannot be legally considered as the owner
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