Gift deed from mother to son and daughter-in-law
Yashas
(Querist) 15 October 2018
This query is : Resolved
My mother got a property from her mother in 2003 through a gift deed.
Now she want's to gift the same to me and my wife.
Please tell me if this can be executed through a normal gift deed and will be valid.
I am mainly looking if the gift deed charges will be the same since I am including my wife or the charges will be more.
Vijay Raj Mahajan
(Expert) 15 October 2018
Gift deed for immovable property has to be registered and stamp duty applicable in the district/state to be paid.
Check details from the Sub-registrar office of your district where the property is situated.
Advocate M.Bhadra
(Expert) 15 October 2018
Yes, your mother can execute a gift deed in favour of you and her Daughter-in-Law. In fact, any person can gift both movables and immovable to any person out of love and affection, gratitude etc.
Assuming that your question relates to your mother wants to gift immovable property to his Daughter-in-Law, following points must be taken into consideration:
1. Your mother is gifting her self acquired property, in the event if she wants to gift her ancestral or Joint Family Assets, she can only gift the share that he is entitled to.
2. A Gift attracts a stamp duty more equivalent to that paid for a sale deed if it is not executed between class-1 Heirs/ first blood, i.e. between Father/Mother, Husband/Wife, Brother/Sister, Son/Daughter, Grandson/Grand Daughter, when the Stamp Duty but the registration charges same. In this case, as the Daughter-in-Law does not fall within the exception, the Stamp Duty will be charged on the market value of the property same as it is charged for any conveyance.
Dr J C Vashista
(Expert) 16 October 2018
Pay stamp duty + registration charges as applicable in your state, which can be found out by you from local lawyer for getting the Gift Deed registered, there is no legal problem.
