Gift deed or family transfer deed
priya vert
(Querist) 25 November 2016
This query is : Resolved
My elder sister have a 2 BHK Builder apartment in Faridabad, Haryana in her name and she had made all payment and convenience deed is executed and registered in her name and deed of apartment also registered. Now she want to gift this apartment to her real younger sister. In Haryana state Govt remitted the stamp duty for transfer of immovable property within the family member to any of the blood relation (sister(s)). For execution and registration of this Gift Deed we have contacted two advocate. One advised that this will be Family Transfer Deed and another told this will be Gift deed. Please clear the confusion. What will be the Title of the Main Document?
Guest
(Expert) 25 November 2016
Family Transfer Deed is actually " Settlement Deed" for which the Registrar Fee and Stamp Duty charges would be Very Very Less when Compared to Other Deeds.
Rajendra K Goyal
(Expert) 25 November 2016
040 HARY ANA GOVT. GAZ. (EXTRA.), JUN. 16, 2014 (JYST. 26, 1936 SAR.A) [Authorised English Translation]
HARYANA GOVERNMENT REVENUE AND DISASTER MANAGEMENT DEPARTMENT
Order The 16th June, 2014
No. 8.0. 62/C.A. 211899/8. 9/2014.-ln exercise of the powers conferred
by clause (a) of sub-section (1) of Section 9 of the Indian Stamp Act, 1899 (Central Act 2 of 1899),
No. 8.0. 62/C.A. 211899/8. 9/2014.-ln exercise of the powers conferred
by clause (a) of sub-section (1) of Section 9 of the Indian Stamp Act, 1899 (Central Act 2 of 1899),
the Governor of Haryana hereby remits the Stamp Duty in whole chargeable under the said Act on the instruments pertaining to transfer of immovable property within the family by an owner during his lifetime to any of the blood relations namely parents, children, grand children, brother (s), sister (s) and between spouse,
Kumar Doab
(Expert) 25 November 2016
Gift deed.
Mr. Goyal has provided with notification.
priya vert
(Querist) 28 November 2016
Thanks for reply.
Dr J C Vashista
(Expert) 30 November 2016
1. Well advised by experts especially Mr. Rajendra K Goyal for providing appropriate gazette notification for remittance of stamp duty on gift deed within family, I agree and appreciate.
2. It (the document) would be titled as "Gift Deed", if the transfer is totally "out of love and affection" without any consideration and/or titleholder (owner) has not settled the flat in barter for any other property/dues/agreement/claim with her sister.
3. Whether the sister of a married woman form part of her family? Please recheck since she (sister) is not in any class in Succession.
4. Consult a local prudent lawyer for proper appreciation and guidance.
Kumar Doab
(Expert) 30 November 2016
Agreed with Dr.J.C. Vashista ;'Consult a local prudent lawyer for proper appreciation and guidance.'
Dr.J.C. Vashista, Mr. Rajendra K Goyal are near you and you can benefit from their counsel.
