HT Estates - - HTESTATES - Su­nil Tyagi

I have ex­e­cuted a gift deed of my house in favour of my son. I wish to know if the same re­quires to be reg­is­tered? If yes, then is there any time limit pre­scribed for the reg­is­tra­tion?

—Roshan Kaplish A gift deed of im­mov­able prop­erty may be ef­fected only by a reg­is­tered in­stru­ment by pay­ing ad­e­quate stamp duty and signed by the donor and at­tested by at least two wit­nesses. Gift deed can be reg­is­tered within a pe­riod of four months from the date of ex­e­cu­tion of doc­u­ment. How­ever, in case of ur­gent ne­ces­sity or un­avoid­able ac­ci­dent, if the doc­u­ment/ in­stru­ment is not pre­sented for reg­is­tra­tion, then the sub-reg­is­trar has the power to con­sider and con­done de­lay of up to four months, sub­ject to pay­ment of fine. I am a res­i­dent of Gur­gaon. Re­cently I pur­chased a house in Delhi. Since I re­side in Gur­gaon can I reg­is­ter the doc­u­ments of the house at Gur­gaon?

—Kan­nan T As per the In­dian Reg­is­tra­tion Act, 1908, doc­u­ments trans­fer­ring ti­tle or re­lat­ing to any im­move­able prop­erty has to be pre­sented be­fore and reg­is­tered with the of­fice of the sub­reg­is­trar within whose ju­ris­dic­tion the im­mov­able prop­erty is sit­u­ated. There­fore, since the house is lo­cated in Delhi, you can get the trans­fer doc­u­ments reg­is­tered with the con- cerned sub-reg­is­trar at Delhi within whose ju­ris­dic­tion the house is lo­cated. I stay in a co­op­er­a­tive group hous­ing so­ci­ety in Delhi. There is seep­age of wa­ter in my flat. The plumber iden­ti­fied the rea­son as leak­age in pipe in my neigh­bour’s flat. De­spite re­quest­ing my neigh­bour to re­pair the leak­age, no ac­tion has been taken. What rem­edy do I have?

—Manoj Sapra Un­der the Co­op­er­a­tive So­ci­eties Act, 2003 you can ap­proach the man­age­ment com­mit­tee of the group hous­ing so­ci­ety rep­re­sent­ing the prob­lem of wa­ter seep­age in your apart­ment. The man­age­ment com­mit­tee is un­der obli­ga­tion to car­ry­out in­spec­tion of the apart­ment within 15 days. Upon in­spec­tion if the rep­re­sen­ta­tion by you is cor­rect, the com­mit­tee may ad­vise your neigh­bour to take cor­rec­tive steps im­me­di­ately and if no ac­tion is taken within seven days, the com­mit­tee can carry out the re­pair work with po­lice as­sis­tance and you can re­cover the cost of re­pair from your neigh­bour.

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