Gift Deed by father to his only son of a flat in a Cooperative Housing Society

Dear Client,
In the situation where your father gifted you a flat located in a Cooperative Housing Society in Kolkata by a registered Deed of Gift, you have legal rights to the property irrespective of the subsequent lack of possession. The Deed of Gift, being a registered document, serves as valid proof of your ownership. Although the death certificate is typically required for updating records and confirming the transfer, it is not necessarily a document that can invalidate a legally registered gift deed.
You can approach the Cooperative Housing Society and apply for membership based on the Deed of Gift. Explain the situation regarding your inability to produce the death certificate due to non-cooperation from your sister and brother-in-law. The society may initially hesitate or deny your request, but legally, they should not deny your membership solely based on the absence of a death certificate if you can provide the Gift Deed and other necessary documents such as identification and proof of address.

Dear Client,
Under Section 123 of the Transfer of Property Act, 1882, the gift of immovable property is valid when gifted through a registered gift deed signed by the donor and the donee and attested by two witnesses. The gift deed should mention that the donee accepts the gift of the property. The gift deed should mention the intention of delivering the possession of the gift property, expressly or impliedly and attested by two witnesses. The gift deed executed on the stamp paper should be registered by paying the requisite stamp duty at the Registrar or sub-registrar’s office under whose jurisdiction the property to be gifted is situated. So, when a property is gifted by its owner/donor to his daughter/donee through a registered deed of gift that makes her absolute owner of that property, a standalone death certificate of the donor neither makes you eligible to claim ownership of that property as a matter of right nor your claim of membership of the society be allowed by the Society. Only the owner of a flat is eligible for membership in the Society.