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Transfer of whole by way of gift
Transfer of whole by way of gift
Posted
Fri, 28 Jun 2024 10:28:33 GMT
by
FABIAN BHANJI
Hi
My mother would like to gift to me a whole of property by way of gift (with no outstanding mortgage). I understand that we should submit forms AP1, TR1 and an ID1 form each. I have started to complete these forms however I have some questions:
TR1
Section 3 : Date - should this be the date of submission of the date that we would like the transfer to be registered?
Section 12 : Witness - Can my wife be our witness? She is a dentist and my wife and we live together
AP1
Section 4 : Should I input
Transfer of freehold by way of gift
?
Section 5 :I understand that ID1 forms for both the transferor and the transferee should be submitted. Should I mention
ID1
twice?
Section 6 : Is the applicant just the transferor or both the transferor and transferee?
Section 9 : Should I give the addresses for both the transferor and transferee or just the transferee?
Section 14(2) : We are not using a conveyancer - there are two options, however both seem to apply as both the transferor and transferee are named in panel 6 and both are unrepresented. Should I mark a cross in both?
ID1
Section 4 : The top of page two states that two photographs should be taken to the certifier however this section refers to
photograph
in the singular?
Apologies for the number of questions - I am keen to avoid delaying the processing of the application unnecessarily.
Thank you
Posted
Fri, 28 Jun 2024 14:13:53 GMT
by
Nimish Patel
Hi Fabian - see my response below:
TR1
Section 3 : Date - should this be the date of submission of the date that we would like the transfer to be registered?
Ans: It should be the date when the transfer is executed (signed in presence of a witness) by the parties to the transaction. This is when the transfer becomes a legal deed.
Section 12 : Witness - Can my wife be our witness? She is a dentist and my wife and we live together
Ans: See the guidance in our
Practice Guide 8
, particularly section 2.1.2
AP1
Section 4 : Should I input
Transfer of freehold by way of gift
?
Ans: That would be fine.
Section 5 :I understand that ID1 forms for both the transferor and the transferee should be submitted. Should I mention
ID1
twice?
Ans: You can mention twice or you can state ID1 x 2
Section 6 : Is the applicant just the transferor or both the transferor and transferee?
Ans: The applicant is usually the person(s) applying to be registered as the new owner(s), i.e. transferee.
Section 9 : Should I give the addresses for both the transferor and transferee or just the transferee?
Ans: We only need the address for the transferee.
Section 14(2) : We are not using a conveyancer - there are two options, however both seem to apply as both the transferor and transferee are named in panel 6 and both are unrepresented. Should I mark a cross in both?
Ans: You should just put a cross on the first box. The second box would apply if some of the parties to the transaction were legally represented.
ID1
Section 4 : The top of page two states that two photographs should be taken to the certifier however this section refers to
photograph
in the singular?
Ans: You should provide two photographs - one will be certified and attached to the form ID1 for submission to us, while the other will be retained by the person who is verifying the identity.
Hope this helps.
Posted
Fri, 28 Jun 2024 14:26:51 GMT
by
FABIAN BHANJI
Hi Nimesh
Thank you so much for your prompt and comprehensive reply.
One final question! What is the current processing time for this type of application?
Fabian
Posted
Fri, 28 Jun 2024 14:51:37 GMT
by
Nimish Patel
Hi Fabian - The current processing times are on our website on GOV.UK - https://www.gov.uk/guidance/hm-land-registry-processing-times#changes-to-existing-registered-titles
If there is any urgency then you can request to expedite the application once it has been submitted. Guidance on expedite is on our website too - https://www.gov.uk/guidance/request-an-expedite
Posted
Fri, 28 Jun 2024 15:27:30 GMT
by
FABIAN BHANJI
Great - thank you very much!
Posted
Wed, 10 Jul 2024 11:51:24 GMT
by
FABIAN BHANJI
Hi
Just wanted to follow up on my application - looking at the current processing timescales, it will either take one day or more than a month.
Thank you
Posted
Wed, 10 Jul 2024 12:38:54 GMT
by
Adam Hookway
Hi Fabian - if you are lodging it yourself the timescale will be longer and we will contact you when processing starts. Please wait for us to contact you as appropriate
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