Reward deed for an immovable property must be registered

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When my in-laws left Mumbai in 1986, that they had given their home to me and my spouse (joint names) and the identical was achieved by advantage of an affidavit. The affidavit says that they relinquish their authorized rights over the stated property and that neither my father-in-law or his authorized heirs have any proper on it henceforth. This doc will not be registered. That is his personal earned property and it was given to us by oral consent from all involved (three brothers). My father-in-law remains to be alive. We’re Christians from Kerala. The identical was submitted to the society together with different papers and the society transferred it to our identify on January 1994. Nevertheless, I wish to know if the switch of property rights by an affidavit in 1986 is a present or inheritance and whether or not not registering it thus far will take away my proper of possession?

—Jolly

Whereas answering this question we’re assuming that the property in query is located in Mumbai and kinds part of a co-operative housing society ruled by the provisions of the Maharashtra Co-operative Societies Act, 1960. We’re additional assuming that it was held within the single identify of your father-in-law and never within the joint names of your father-in-law and mother-in-law and additional, that none of your mother-in-law’s family members had any proper to the property.

Part 17 of the Registration Act, 1908 (Registration Act) lays down the paperwork of which registration is obligatory. Part 49 of the Registration Act, inter alia states that no doc that’s required by Part 17 or by any provision of the Switch of Property Act, 1882 (TOPA), to be registered, shall have an effect on any immovable property comprised therein until it has been registered.

A deed which is meant to reward an immovable property or relinquish one’s rights in an immovable property is a compulsorily registerable doc as per the provisions of the Registration Act and thus the identical will probably be required to be registered with the sub-registrar of assurances. Thus, as per the provisions of the Registration Act, an unregistered instrument doesn’t have an effect on any immovable property comprised therein.

For the reward to be legitimate as per part 122 of the TOPA, it must have been made by your in-laws voluntarily, with none alternate of cash and it must be accepted by you and your spouse.

Therefore, the affidavit in query executed by your father-in-law doesn’t come inside the ambit of the time period reward in accordance with the provisions of TOPA.

Additional the relinquishment of rights underneath the affidavit can’t be termed as an inheritance. An inheritance can solely be affected underneath a testamentary instrument corresponding to a will which shall are available in impact upon the demise of the one that has executed the desire.

Nevertheless, evidently the society has transferred the stated property to you and your spouse and we’re assuming that your names have been endorsed upon the share certificates issued by the society. Nevertheless, you will need to notice that your title to the stated property shall at all times be topic to the aforesaid defect, that’s, non-execution of a legitimate switch doc.

With regard to registering the stated affidavit at the moment, the identical wouldn’t be potential as there’s a time-frame inside which one can register a doc (the utmost time being eight months). Since your father-in-law is alive you could possibly take into account the execution of a recent deed of reward (executed within the method as said herein above) and have the identical duly stamped and registered. We propose that you just acquire an affidavit from the three brothers stating that they don’t have any objection with the stated launch/reward and we additional recommend that the witness of the reward deed be any two of the three brothers in order to keep away from any problem to the reward deed at any cut-off date by them.

Queries and views at mintmoney@livemint.com

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