Un registered gift deed is in admissible in evidence
2) your daughters have no share in property
3) it is better to enter into deed of partition for division of property by metes and bounds
4) then sell your share in property
Partition deed
Hello sir, I and my wife s aunt purchased a site jointly investing 2/3 of share by me and 1/3 share by aunt not mentioning any share proportion in sale deed. After we made a separate agreement about rights of share. We constructed the building consisting of 4floors, Ground floor parking area, first floor for my aunt, second and third floor for me. We taken multiple houses sanction plan from concerned authority. Separate house for each floor. After some years I gifted my two floors to my two daughters, one floor for each. The Gift deed is not registered yet. They rent it out the property and fetching rental income in their name. Now my daughters want to sell the property. My aunt wants to retain her floor. Is it compulsory to make partition deed first between me and my aunt. Or we can sell my daughter s floors directly to others with consent of me, aunt and my daughters jointly. Is there any method to sell with out partition deed as it takes time and expenditure. Please guide me. Thank you
Asked 3 years ago in Property Law
Religion: Hindu
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9 Answers
1. Since the individual share had not been clearly mentioned/demarcated in the sale deed, it's advisable to first partition the property between you and your wife's aunt in the jurisdictional Sub Registrar's Office.
2. After partition of the property, you can execute a registered Gift Deed in favour of your two daughters in the jurisdictional Sub Registrar's Office.
3. Then your daughters' can sell their respective floors to the prospective buyers.
Firstly your daughters have no rights in the property hence they cannot sell their so called share in the property because the unregistered gift is not recognized as legally valid title.
As per the construction agreement between you and your aunt you both have agreed to possess your respective floors keeping the undivided share and common areas equally as per your respective share in the plot or land underneath the structure.
Thus there should not be any problem to sell your share of two floors in the building to the prospective buyer.
You can sell your share without partition deed too. There is no mandatory requirements for partitioning the property. Only possession issue may come for the buyer.
You are the absolute owner of the flat, even if you symbolically give it to your daughter. You can sell the flat to a prospective buyer and collect the money to give to your daughter.
You can also execute a gift deed in your daughter's name, so that she can sell it to whoever she wants
Dear Sir/Ma'am,
Sometimes few legal steps may take time but the best would be to get the property partitioned So that your wife's aunt, as well as you and your daughters, can freely exercise your rights in your respective shares. However, you can speed up the proceeding if you all co-operate and agree to the partition and its proceeding.
Thank You.
Dear Sir,
You cannot sell the property without partition and separate numbers being assigned. The purchasers always demand for distinct number for the property their purchaser. If you want you can lease out the properties till partition and separation deeds are made out.
Hi, Without deed of partition you can't proceed further. Second thing is that the gift deed need to registered. Otherwise the gift deed in invalid.
- Since you are joint owner of the property , then legally you have half right over the same , if the 1/3rd share not mentioned in the deed.
- Further , an unregistered gift deed having no value in the eye of law , and then the ownership remains with you
- Further as the distribution is in accordance of half shares , then a partition deed is not mandatory before gifting your share to your daughters.
- However for removing the future hurdle you can enter into a partition deed with your aunt.
- Being the owner of the said floors , you can sell the property without getting consent on aunt and daughters.
- Further , as the sale deed is only for vacant plot , then better enter into an agreement with aunt after mentioning the details of floors.
