Gifting a land to trust
Dhirender Wadhwa
(Querist) 10 March 2018
This query is : Resolved
I am a part of a Non-monetary Help Group working in NCR basically for senior citizens, child education & medical help through teachers, doctors and volunteers comprising the group. My family has been taking care of monetory expenses, if any incurred in the works.
One year ago, I registered a Trust in Uttar Pradesh. My parents recently gifted a piece of land (their self acquired) to the trust (to build a home for homeless senior citizens) by a will. A friend of my father (a part of our volunteer group) also wants to gift a small plot (self acquired) of his to the trust for children home. Though all constructions will be carried on when we gather enough from our incomes (my family)
Please advise the legal papers and procedure to follow, so that least expenses are incurred (We don't take monetary donations and all expenses are borne by my family). Father's friend is in doubt regarding the will and wants to transfer the plot permanently as his two sons (well settled in other cities) have been trying to get hold of his properties by force and he (and we also) don't want any legal issues later.
Your expert advise would be of great help for us, as this would involve many lives in future.
Vijay Raj Mahajan
(Expert) 10 March 2018
This person can transfer the property by gift deed that can be duly signed, witnessed and registered now itself rather making Will that comes in play after his death and that too has to be Probated where it's existence and validity can be challenged.
Gift made during the lifetime by the person if being challenged by his children now will be answered by himself now during his lifetime.
Engage lawyer for preparing Gift Deed and it's registration process in the Sub-registrar/Tehsildhar office.
R.Ramachandran
(Expert) 10 March 2018
Please also note when an immovable property is given by way of GIFT, it will involve payment of Stamp Duty (as applicable in the case of sale of the property)
Dr J C Vashista
(Expert) 12 March 2018
It involve certain legal formalities, consult and engage a local lawyer for better appreciation of facts and documents and proceeding.
