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jayaramesh (SSE)     30 September 2009

Pasupu Kunkuma deed

HI , this is ramesh, i am from hyderabad, my query is we want to give land to my sister on her marraige,  as a Pasupu Kunkuma deed. For that deed  Notary is suffiecent? or we  have to go for registration in MRO Office. if going for registration what r all needed.

1)How much % of registration charges will be taken .

2)Every family member should sign as witness or only the Donar.

please guide the procedure to fallow

waiting for ur reply

 

 



Learning

 9 Replies

Suchitra. S (Advocate)     01 October 2009

Sir, you have to register the gift deed in the subregistrar office. I think the charge is 1% of the property value. Only Notary is not sufficient. It is needed that all the legal heirs of the donar to sign as witness.

kranthi kiran (Works In Judicial Department)     01 October 2009

Dear Ramesh,as stated by learned member Suchitra, the Owner of the Property, in whose name the land stand, has to execute a gift deed in favour of  your sister. If it is joint family property, it is better to execute the same by all the family members who are eligible fro shares. There is nothing like pasupu-kumkuma deed. In Earlier times the property given to a daughter was used be treated as property given in pasupu kumkuma.  Only Regd.Gift deed executed in favour of your sister will be the valid one.

m.kupparaju (Advocate)     01 October 2009

Dear Jayramesh, in earlier times any gift given in favour of the sisters/daughters in the family was used to be mentioned as pasupu kumkuma in Hindu families which system is still exising especially in South India.  While Gifting the property in favour of the sister/daughter it can be mentioned/briefed as pasupu Kumkuma in the  recitals of the Gift Deed by the Donor.

jayaramesh (SSE)     01 October 2009

Thank you very much sir  for u r kind reply

adv. rajeev ( rajoo ) (practicing advocate)     01 October 2009

I agree with Suchitra. If the gift is made in blood relation then regn., charge is Rs.1000/-

1 Like

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     02 October 2009

repeated quarry.

M.S.subbarao (Advocate)     02 October 2009

Dear Ramesh garu, Namastae.   Before a specific and proper advice can be given, you should make it clear , if the property proposed to be given to your sister is ancestral joint family asset or self acquired property of any one of the donors in the family and also composition of the family that is, who would be the donors. 

  If the property is self acquired property the donor/s should necessarily execute and register a gift deed.  It matters little whether it is towards pasupu kumkuma or otherwise, registered gift deed is mandatory.

   If by chance what is proposed to be given is part of ancestral joint family family property, you shoould make clear whether yoou propose to give it to your sister towards her share in the coparcenary property  or something in addition to her share.   Because if there was NO  earlier partition of  coparcenary properties amongst male members in the family covered by registered partition deed or decree of court, your sister may now claim  a share equal to that other male coparceners in her own right  and again take something given to her as a gift from the family..  So let there be a definiteness in the matter amongst all the family members.   And once  it is decided the best thing is to go for a registered partition deed specifiying the proeprty  proposed to be given to your sister is her share in the family assets following the family customary practice. In such an event all the family members entitled for partition shall join in the execution of the deed.  The stamp duty payable on such document is 1% on the value of the small shares separated from the largest share.

Sachin Bhatia (Advocate)     04 October 2009

repeated query

Sachin Bhatia (Advocate)     04 October 2009

Registration charges are vary from state to state so definite charges can be told to you. After the death of your father each one of you and your mother have become co-sharer in equal share of his share and each and every person, if given his respective share, shall have to get executed deed, may be joint or separate as per facilitation.


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