Legal Question in Real Estate Law in India

Dear Advocates,

My father owned a shop in a co-op society in mumbai, India, and he died 2 years back. The property went in to redevelopment a month before my fathers death. My mother applied for transfer of share certificate to her name with all the needed documents but the Society's committee told us that they cannot transfer the share certificate as they have given all rights and society documents to the builder and will be able to do so only after the redevelopment is completed. It has been 2 years and the construction is very slow. In the meantime we obtained a registrar order in our mothers name seven months back, which asks the society to immediately transfer the title to my mothers name but the society says they will do it only after redevelopment is complete and the builder hands back all the documents to the society. My question is

a, Based on the registrar order is my mother currently the owner of the shop?

b, Can she presently gift the shop to me via a registered gift deed with stamp duty paid? Iam a NRI and a Indian citizen and my mother is in Mumbai, India. I will be present in person for the gift deed.

c, Will the registered gift deed in my favor make me the owner even though the share certificate will not be in my name presently?

Thanks...


Asked on 10/11/10, 10:39 am

1 Answer from Attorneys
Shrichand Nahar S.V.Nahar, Advocate

a. If order is based on nomination, then law clearly says that a nominee is not owner. Owners would be heirs as per law of succession governing your father.

b. It appears that property is under construction. Gift of future property may not be OK.

c. Gift or transfer of rights is one thing and transfer of membership of society is other. Both are governed by different laws.

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Answered on 10/19/10, 1:07 am


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