Gift of property
Priyanshu Goel
(Querist) 25 August 2018
This query is : Resolved
My Chachi (Father's Brother's Wife) want to give property as gift to me and the property lies in Uttar Pradesh. Now my
Question 1) whether she can give gift to me or not?
Question 2) Amount of Stamp Duty to be paid & other charges to be paid and
Question 3) who has to bear the cost of stamp duty? (whether i can bear the cost of Stamp Duty?)
Isaac Gabriel
(Expert) 25 August 2018
Gift deed can be made.For stamp duty it differs from state to state.
R.K Nanda
(Expert) 25 August 2018
Ur chachi can execute registered gift deed in your favour.
Priyanshu Goel
(Querist) 25 August 2018
what is the % Stamp Duty in uttar Pradesh for immovable property in case of Gift?
Kumar Doab
(Expert) 25 August 2018
Which personal law applies in your case?
Are you all Hindu?
The said property is movable/immovable say; agricultural land, rural, Urban, or it is a building?
Is the Lady Title holder/owner of said property?
Is the title clear/marketable?
As per your own information is there any bar on disposal of nature of said property or said property?
Confirm!
Kumar Doab
(Expert) 25 August 2018
Generically speaking: The lady as in query (your Chachiji) can dispose her estate/property, her title is clear/marketable, in anyone’s favor (including you) if she is owner/title holder of the said property, by any valid deed inclduding gift deed (registered).
The gift is complete the moment IT is mdade by donor and accepted by donee.
Your Chachiji (donor) may appear before registering authority along with you and register the deed in your favor (donee).
The duty/charges are state subject and you may inquire LOCALLY from SRO.Gift deed is without any consideration. As per mutual understanding/by your sweet will, you (donee) may agree to bear the charges if you wish or as per opinion of your own very able LOCAL counsel.
Kumar Doab
(Expert) 25 August 2018
A LOCAL senior and sincere deedwriter and even your own very able LOCAL senior counsel of unshakable repute and integrity specializing in revenue/civil matters and well versed with LOCAL applicable rules/laws …. and worth his/her salt, can advise you in person after examining all docs, evidences on record and even draft the deed for you. Subsequent to gift deed (registered) you may proceed for mupdation in mutations records and IT should be successful and thereafter get updated mutations records.
There are able counsels at each location.
Check for such counsels at LOCAL civil courts, HC, SC…
If you are properly informed and are confident to handle the matter on your own, go ahead.
To avoid lapses IT shall be proper to get mutation records with all link docs examined by our own counsel as already suggested above.Your LOCAL counsel can advise you on all points per applicable revenue rules/codes/laws.
For list of some counsels you can also search in LCI databank at;
http://www.lawyersclubindia.com/lawyers_search/
Or you may wait for LCI Expert from your state to post in this thread initiated by you.
Kumar Doab
(Expert) 25 August 2018
Stamp duty is state subject and you can also inquire in person from LOCAL SRO.
Some states provide relaxation/waiver in case of transfer amongst blood relation/relatives.
if that is available in state you can enjoy the benefit.
Dr J C Vashista
(Expert) 26 August 2018
Whether she enjoys clear and marketable title ? If so, she can get a Gift Deed registered with area Sub-Registrar after payment of stamp duty and registration fees as applicable in the case, which can be found out there itself from a deed writer or SR Office.
Kumar Doab
(Expert) 26 August 2018
I have posted in almost all threads initiated by you.
You have received highly illustrated responses.
The issues seems to be many and different.
As suggested in threads, If possible resolve amicably and register the deed so as leave NO chance for litigation.
Or consult a very able counsel as already suggested and become properly informed and prepared for litigation so that you may succeed.
Priyanshu Goel
(Querist) 19 December 2018
Is there any role of her children?
Kumar Doab
(Expert) 22 December 2018
If IT is her absolute/self earned/self acquired property and she is Hindu then she can dispose her property in anyone’s favor without any need of any consent by anyone.
Her children (adult/major) can be witness in said deed say; Gift deed.
Kumar Doab
(Expert) 22 December 2018
Same matter/Query;
http://www.lawyersclubindia.com/experts/Gift-of-property-690331.asp
http://www.lawyersclubindia.com/experts/Property-Issue-504611.asp
http://www.lawyersclubindia.com/experts/Power-of-Attorney-504616.asp
http://www.lawyersclubindia.com/experts/Ancestral-property-589341.asp
Kumar Doab
(Expert) 22 December 2018
And ;
http://www.lawyersclubindia.com/experts/Ancestral-Property-698661.asp
Kumar Doab
(Expert) 22 December 2018
If yes;
If yes; there are 2 beneficiaries in the said WILL and not 1.
http://www.lawyersclubindia.com/experts/Ancestral-property-589341.asp
