Gifting my property to my children and to my grand childen
Querist :
Anonymous
(Querist) 13 February 2025
This query is : Resolved
I am a Muslim living in Tamil Nadu . I intend to gift my house to my minor two grand children born through my son . I also intend to gift another commercial property to my two daughters ( together ) . The value altogether is around Rs 2 crores . I intend to execute the above as a Gift Settlement Deed attracting Rs. 40000 + Rs 10000 as the maximum Registration charges in Tamil Nadu . My query is :
1. Are my grand children eligible as blood related family member to receive the above gift ? Their mother will be the guardian for the property .
2. Is it necessary for my daughters who are far away to come to the Registrar office for signing purpose or is it enough if I register the deed with their consent , and with their Aadhar cards ? In case of GPA , should that appointed person be present in that Resistrar office for signing purpose ?
3. Can I continue to enjoy the income from the commercial property with their consent ? Or if given under conditional gift is it valid in Islamic law ? What is the recourse to receive the income after the execution of the gift ?
kavksatyanarayana
(Expert) 13 February 2025
1. The grandchildren come under the family and there is no need to pay extra stamp duty. 2. They may give authorization to anyone in your place by enclosing the sec.32-A form which will be available in the subregistrar office or document writer. 3. No. 4. Not necessary.
T. Kalaiselvan, Advocate
(Expert) 14 February 2025
1. Yes, grandchildren can be considered part of the family for the purpose of transferring immovable property through a gift deed, and there are no legal restrictions preventing a grandfather from gifting property to his grandchildren.
2. It is essential that either the beneficiary or the representative or a GPA agent representing the beneficiary to be present before the registrar at the time of execution of the registered gift settlement deed.
3. If you are transferring the property with the conditional gift settlement deed by retaining life interest then you can enjoy the income from the said property till your lifetime.
Dr. J C Vashista
(Expert) 15 February 2025
Very well analysed, opined and advised by learned experts, which I endorse and appreciate.
Whether the properties under gift are your self acquired or ancestral ?
Querist :
Anonymous
(Querist) 16 February 2025
Self acquired properties . Can my daughter in law be the guardian for the gifted properties to my minor grand children ? Who else can also be considered as guardians ?
Sudhir Kumar, Advocate
(Expert) 16 February 2025
Law allows this . if you gift to grandchildren then none than their mother will be guardian
P. Venu
(Expert) 18 February 2025
Under Muslim Law, it is not necessary that a gift (Hiba) be registered. Please Section 129 of the Transfer of Property Act.
"129. Saving of donations mortis causa and Muhammadan law.—Nothing in this Chapter related to gifts of moveable property made in contemplation of death, or shall be
deemed to affect any rule of Muhammadan law."
