I own a DDA flat in Delhi which I purchased in 1994 and am the first GPA holder. Since I have been living abroad for many years, I have been unable to apply for the flat’s conversion to freehold. What will be the impact of the latest Supreme Court ruling on GPA sales on my ownership?
—Kuldeep Singh, US In the case of Suraj Lamp and Industries Private Limited vs State of Haryana and Another, the Hon’ble Supreme Court has clarified that those who have already purchased a property on power of attorney basis, may still apply for regularisation of their allotment/lease with the relevant development authority on the basis of their documents (ie power of attorney, agreement to sell, will). I and my wife jointly own a flat which is also registered in both our names. I now wish to give my undivided share of the property to my wife out of natural love, without any monetary consideration. What is the most cost effective procedure which will authorise her to be sole owner of this property?
—Jeewan If you wish that your wife becomes sole owner of this property during your lifetime, you may execute a gift deed of your undivided share in the property in your wife’s favour. A gift of immoveable property does not involve payment of any consideration by the donee to the donor. Stamp duty on a gift deed shall be same as that of a conveyance, for a consideration equal to the value of the property mentioned in the gift deed, under the relevant state stamp act. It is also mandatory to get a gift deed registered (and pay appropriate registration fee) with the relevant sub-registrar’s office under whose jurisdiction the property is situated. Alternatively, you may execute a will, naming your wife as the sole beneficiary of your undivided share in the property. Though a will does not involve payment of any stamp duty or registration fee, it shall only come into effect upon your demise. I had executed a relinquishment deed and other documents of my undivided equal share in a DDA flat in favour of my elder sister as a part of family settlement which failed later on. May I revoke the relinquishment deed that I had previously executed?
—M Ahmed Once your rights in the property have been relinquished by a registered relinquishment deed, such a document cannot be revoked at a later stage at your own will.