Query Of Mr Iyer

Query Of Iyer

REGARDING GIFT DEED. My father was the first owner of a residential Flat in a Registered Co-op Housing Society from the year 1970.He nominated his wife( My mother )on the Society's Nomination form in the year 1970.My father died in 1987.As per the nomination done by my father the Society transfered the flat and share certificate in the name of my mother in the year 1988.My mother nominated me in the nomination form in the year 1988.In the year 2007 my mother transfered the flat to me via a Gift Deed, duly stamped and registered.The Society has duly transfered the said flat and share certificate to my name after my fulfilling all the formalities of the Society,in the year 2007.My question is the Gift Deed done by my mother to me is legal and valid?.She has gifted willingly and I have accepted it.My mother is still alive. S.I.

The above matter of Gift deed is is a query I wanted to ask the expert legal advisors. I don't know how to put the same in query column.Kindly answer the question.

From the narration above it seems that your father has acquired the flat under reference from his self earnings. The question has two sides which we needs to deal separately.

1. The nomination: Nomination do not entitles one as a ownership of his assets but gives a power of administration of the said asset. Since your father has the said flat as self acquired property on his demise you also become equal proportionate share entitlement as a natural heir along with your mother and other kins. Generally it is misunderstood that a filing of nomination is transfer of assts.

2. Gift deed: your mother can transfer her share in the property to you vide gift deed during her lifetime or also could have made a registered will. Simply she filing a nomination form do not entails you the right to premises rather it shall be only rights to administer the property.

If you are not having any other claimants other than your mother then it shall be safe to rely on the gift deed and the nomination filed by your mother. Else it is necessary that you should obtain succession certificate of your father and the deed of relinquishment from the other claimants to have absolute rights.