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.