RCIC- a Leading Property Law Firm in Ghaziabad
RCIC- is a Leading Property Law Firm in Ghaziabad & property lawyer in Ghaziabad, Property and real estate law are quite complex and require devolving the right strategy while dealing with it. Our lawyers at RCIC, property law firms in Ghaziabad, and Property Law Firm in Ghaziabad, have handled disputes with respect to all kinds of property matters including Residential property, Commercial property, Agriculture land, rented property, and Common Land. We also assist our clients in matters pertaining to intellectual property and movable property.
From the drafting of title deeds and concession agreements to taking important decisions like mortgage and sale of the property, our experts can help you in taking all the imperative decisions dealing with your property. We also aid our clients in dealing with partition related disputes, testamentary and intestate succession and other succession related issues.
Technicalities Addressed by RCIC – Property law firm in Ghaziabad:
- Due diligence
- Providing services with respect to registration of real estate properties (gift, joint family property, self-acquired property, etc) at Sub-Registrar offices.
- Services provided with respect to obtaining approvals/permission/licenses from authorities concerned.
- Conveyancing, drafting, vetting and interpretation of several kinds of agreements/ contracts such as collaboration, consortium, sale deed, joint venture, lease deed, agreement, General Power of Attorney, Special power of attorney and other legal documents.
- Verifying and perusing title deeds, conducting title search and investigation of title properties
- Dealing with the zalienation of property, creating life interests, Creating covenants
- Taking care of legal aspects of several kinds of loans such as housing loan, loan against property, mortgaging, project approval and other several other natures of mortgage.
- Consulting our clients on legal aspects while acquiring, disposing, mortgaging and exchanging properties.
- Consulting on the creation and operation of public and private funds investing in real estate.
- Consulting in risk assessments and management, various environmental laws, obtaining permissions and approvals from the authorities
- Conducting EIA
Some FAQs on Gift Deeds
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What is a gift deed?
A gift deed is a conveyancing document that declares the intention of a person to transfer his property as a gift to another person as per the provisions of law. It is a binding legal document by virtue of which the owner of a property transfers his movable or immovable property to another person as a gift. The transfer of property must be a voluntary transfer.
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Is it mandatory to register a gift deed?
A gift must be given out of love and affection without taking any consideration in return. The deed must be drafted out of free will without using any force or coercion. It is mandatory to get a gift deed registered under Section 17 of the Registration Act, to get it executed.
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Who is a donor and donee in case of a gift deed?
A donor in case of a gift deed is a person who makes the transfer of the property. The person must be of sound mind and must have attained the age of majority. The person to whom the property is transferred is called a donee. A minor can also be a donee i.e., the property can even be transferred to a minor.
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Can a gift deed be revoked?
No, a gift deed once registered cannot be revoked. After the acceptance, the property becomes the property of the donee and hence, cannot be revoked at the instance of the donor. The deed must be made out of free will.
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What are the important clauses that must exist in a valid gift deed?
A valid gift deed must contain the following clauses to provide clarity on transfer-
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Consideration clause
The deed must contain this clause to ensure that the gift is made out of love and affection and no consideration is required to be paid by the done. No money must be paid, however small, to make it a valid gift deed.
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Possession of property-
You must be the owner or title holder of the property you wish to transfer. The property must be an existing one as you cannot make a gift deed for a property which you are going to acquire in the future.
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Free will
The property must be transferred out of free will and the deed must not be drafted under any kind of influence or coercion. The deed must clearly state that the donor had an intention to transfer.
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Details of the donor and donee
The deed must contain complete details of the donor and done including his name, address, etc. It should also mention the relationship between the donor and done. property lawyers in Ghaziabad
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Details of the property
The deed must contain a complete description of the property including its area, location, structure, address, etc.
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Rights and liabilities of the done
This clause must mention any further rights and liabilities attached to the property like sale, mortgage, etc.
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Conditions attached to the transfer
This clause must mention if there are any conditions attached to the transfer. The conditions attached must be valid.
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Delivery of Possession
This clause must contain the date of delivery of possession. This clause confirms the transfer of property.
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What are the documents needed at the time of registration of the gift deed?
The following documents are required at the time of registering the property with the Sub-registrar-:
- A valid attested and duly signed gift deed
- Receipt of payment of stamp deed
- Original Gift Deed
- ID Proofs, like Driver License, Passport, etc
- PAN Card
- Aadhar Card
- A document like Sale deed to prove donor title to the Property
- Other Agreements that you might have entered into in relation to property
You might need other documents as well depending upon the nature of the transfer of the deed.
Our lawyers at RCIC is best property lawyer in Ghaziabad & property law firm in Ghaziabad, have assisted our clients in all kinds of matters with respect to a gift deed. Right from the drafting of the gift deed to its execution, RCIC has helped its clients at each stage to ensure a hassle-free transfer. We also help in disputes that require challenging the validity of a gift deed.
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What are the major statutes governing property law?
The major statutes that are applicable on property-related transactions include-
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- Code of Civil Procedure
- Hindu Succession Act
- Indian Succession Act
- Muslim Law
- Transfer of Property Act
- Rent Control Act
- The WAKF Act
- Land Acquisition, Rehabilitation & Resettlement Act
- Indian Contract Act
- Registration Act and Stamp Act
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The Limitation Act
Our lawyers are well versed with all property-related statutes. They have handled a diverse range of cases involving the application of these laws. They ensure the transfer/delivery of property in a time-bound manner. From investigating the title deeds to drafting and conveyancing of transfer documents our team is adept in handling all kinds of real estate-related issues. property lawyer in Ghaziabad
Major Property Litigation Areas in which our Lawyers at RCIC have assisted before include-
- Acquisitions and divestment of industrial buildings, commercial buildings, hotels, and resorts
- Adverse Possession
- Cost-sharing agreements
- Commercial and retail leasing
- Conveyancing
- Disputes regarding the sale of property
- Gift Deed and its Execution
- Land Leases
- Leaseback Contracts
- Licensing
- Mortgage of Property
- Matrimonial property
- Partition of Property, disputes
- Project management and construction agreements
- Rent Disputes
- Succession dispute
- Verifying/ Inspection of the title
- Will/ legality of a will
property lawyer in Ghaziabad