Legal Question in Real Estate Law in India

Affidavit of transfer of property? PROBLEM!

Hi,

My Grandfather was the owner of the flat in MUMBAI and my mother lives in it at present. He transferred the flat into my mother's name back in 1990 before he passed away a couple of years later.

The transfer agreement is in a form of an Affidavit which was not registered and hence the stamp duty was not paid, but the Co-operative housing society transferred the shares of the property on the basis of the Affidavit produced in my mother's name according to the law back then.

Am I right to think that if the shares are transferred by the society then the registration of the transfer is optional?

If this is not true, does that mean that transfer was invalid?

If yes then what is the solution to this problem?


Asked on 9/17/10, 10:32 am

1 Answer from Attorneys

Vishwa Arya Arya & Co.

it is a valid transfer and nothing else is required to be done.

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Answered on 9/17/10, 7:33 pm


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