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vinodh (self employed)     08 October 2009

settlement vs gift vs poa

Hello,

I need some advice on transferring a plot to my mother.  The plot concerned in Tamil nadu (coimbatore). Which is the best way to complete the transfer gift deed or settlement (Guess its ok in karnataka, not sure about tamil nadu) or a PoA?

best regards

Vinodh



Learning

 6 Replies

A V Vishal (Advocate)     08 October 2009

Vinod

You can transfer the plot either by a Gift deed or settlement deed or POA, but I suggest that either a Gift deed or Settlement deed is the best in your case since all the rights in the property flows to her and rests with her during her lifetime and do register the gift deed or settlement deed with the Sub Registering authority where you generally reside since it is now madatory to register such deeds after paying the requisite stamp and registration fee. 

1 Like

N.Ramakrishnan (Advocate/ Senior Partner)     08 October 2009

Dear Mr. vinodh,

Mr. Vishal is right. Settlement Deed or Gift Deed will convey the property absolutely in her favour whereas a POA will not convey title. The deed can be registered at the concerned SRO.

Thanks,

N.ramakrishnan, ADV

 

1 Like

Ruchesh Sinha (Lawyer)     08 October 2009

Hello,

I agree with view, as Settlement deed and gift deed are more authentic then POA.  

 

vinodh (self employed)     09 October 2009

Hi All,

Thanks a lot for the response. Appreciate it.

regards

Vinodh

valentine (Advocate)     09 October 2009

Dear AV Vishal

When a person has to pay stamp duty on settlement deed or gift deed, why one should not go for sale straightaway and get the benefit of IT as well? Please explain the settlement deed that's how it is prepared, how is its format.

 

Valentine, Advocate,Baroda

VAnand (Director)     20 October 2009

In Tamil Nadu,  A settlment to specified relatives attracts only  Rs. 10000.00 as stamp Duty, whereas a sale will involve  8 %  as stamp duty which will be an expensive proposition.


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