LAW BOOK

HT Estates - - Front Page - Su­nil Tyagi

My brother ex­e­cuted a gift deed in my favour of his half share in a jointly-owned flat. Though the stamp duty has been paid on the gift deed, we have been un­able to get it reg­is­tered due to per­sonal rea­sons. It has now been more than six months since we signed the gift deed. What is the va­lid­ity of the gift at this stage and how should we pro­ceed?

— Ra­jat As per the In­dian Reg­is­tra­tion Act, 1908, a gift deed of im­mov­able prop­erty is re­quired to be com­pul­so­rily reg­is­tered within four months from its ex­e­cu­tion. Thus, a gift of im­mov­able prop­erty shall be valid and take ef­fect only when the gift deed is duly reg­is­tered. As the gift deed in ques­tion has not been reg­is­tered within the pre­scribed time pe­riod, the gift pur­ported to be made in your favour has not yet taken ef­fect.

Nev­er­the­less, the act takes into ac­count cer­tain ex­cep­tional cases where the de­lay in reg­is­tra­tion was due to un­avoid­able cir­cum­stances. In such cases, an ad­di­tional/ex­tended pe­riod (up to a max­i­mum of four months) may be granted by the reg­is­trar, on pay­ment of the pre­scribed fine and de­pend­ing on the facts and cir­cum­stances. You may file an ap­pli­ca­tion in this re­spect with the rel­e­vant sub-reg­is­trar’s of­fice. I am plan­ning to build a house with a base­ment. Are base­ments fac­tored in for Floor Area Ra­tio in Delhi?

— Bhaskar Whether or not a base­ment can be counted to­wards Floor Area Ra­tio (FAR) shall de­pend on what the base­ment shall be used for. Un­der the Mas­ter Plan of Delhi 2021, a base­ment used only for house­hold stor­age or park­ing pur­poses shall not be counted to­wards FAR. How­ever, if any mixed use ac­tiv­i­ties are to be car­ried out from the base­ment, it shall be counted to­wards FAR. My de­ceased grand­fa­ther owned a house. Dur­ing his life­time, he made a power of at­tor­ney in favour of my un­cle who later gifted the house to my aunt. Can my par­ents claim any rights in this prop­erty?

—J Cho­pra The na­ture of the power of at­tor­ney which was ex­e­cuted by your grand­fa­ther in favour of your un­cle is not clear. As­sum­ing that this is a power of at­tor­ney which was ex­e­cuted only to au­tho­rise your un­cle to ex­e­cute the gift deed as at­tor­ney on be­half of your grand­fa­ther, and as­sum­ing that the gift of im­mov­able prop­erty in favour of your aunt was made within your grand­fa­ther’s life­time and un­der a valid power of at­tor­ney, your aunt shall be the sole and law­ful owner of the prop­erty.

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