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Sale/gift of building only (not including land under building)

Querist : Anonymous (Querist) 19 October 2011 This query is : Resolved 
Person A owns a building (including land under building).

A wants to gift(or sell at a low price) the building to his nephew before A dies. The newphew is the only heir to A.

The value of the building is much less than the value of the land under the building.

By gift deed or sale deed, is it possible to tranfer just the building (not including the land under the building )?

Note that, being the only heir, the nephew will likely inherit the land upon the death of A.
M.Sheik Mohammed Ali (Expert) 19 October 2011
if you want give gift deed no need for amount to mentioned the deed, you just register your deed.
Sailesh Kumar Shah (Expert) 19 October 2011
1.Gift deed or sale deed stamp in UP are same, but it is different state to state, so tell, in which place property situated?

2.It is advisable to execute gift deed. If you execute sale deed, you shall pay consideration.
prabhakar singh (Expert) 19 October 2011
But when he is the only heir why this funny way you want to adopt.
Querist : Anonymous (Querist) 20 October 2011
The idea is to give title to the nephew before A dies, without spending too much money on registration stamp duty.
Can building be gifted without underlying land?
Devajyoti Barman (Expert) 24 October 2011
No as both being unseparated, no part without the other could be transferred.
Sailesh Kumar Shah (Expert) 26 October 2011
In my opinion, it can transfer.


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