Legal Question in Real Estate Law in India

Property Law - Gujarat

This question is very specific to Gujarat Property Law.

I heard that few years back property law permits that titleship of First member of cooperative housing society identified by only allotment letter, share certificate.

There was no requirement for Sale Agreement/ Sale deed.

Please confirm my above understanding?

If answer is yes then after which year Law in Gujarat has changed to have mandatory requirement for execution of agreement to sale?

And while counting year date needs to be consider as date of allotment or share certificate date?


Asked on 8/28/07, 4:17 pm

3 Answers from Attorneys

Re: Property Law - Gujarat

In cooperative society allottment letter and share certificate identifies the member and his share but if origional members transfers his property to a third person then sale deed is must to clear all ambiguities.

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Answered on 8/28/07, 10:22 pm
Homi Maratha N.N. Maratha & Co.-Advocates

Re: Property Law - Gujarat

a sale deed is very much necessary as it shows the ownership of the property

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Answered on 8/29/07, 2:14 am
Shrichand Nahar S.V.Nahar, Advocate

Re: Property Law - Gujarat

This position was there few decades ago - sometime before 1984-85.

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Answered on 8/29/07, 2:59 am


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