Land gifting

samtungemu (Querist) 06 January 2012 This query is : Resolved
sirs/madams,

can a land be ownership be transferred through an "affidavit" or "gift deed" or both?

thanks.

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Sailesh Kumar Shah (Expert) 06 January 2012
can a land be ownership be transferred through an "affidavit" or "gift deed" or both?

Answer:Ownership can be transfer through 'Registered' Gift deed not by affidavit.

Devajyoti Barman (Expert) 06 January 2012
Without registration on payment of stamp duty no immoveable property ca be transferred.

V R SHROFF (Expert) 06 January 2012
Agreed with Both Mr. Barman & Shailesh.

Ownership is not transferred in rem,
However it generate right in personama,

I.S.Roy,Advocate (Expert) 06 January 2012
Dear Sir,
It is not correct to transfer any immovable property belongs to Hindu by virtue of gift by way of affidavit. Because, is any property more than Rs 100/- value then it should be by way of registration not by affidavit.

with regrds
I.S.Roy, Advocate

Advocate Bhartesh goyal (Expert) 06 January 2012
Agreed with experts.

Rajeev Kumar (Expert) 06 January 2012
Agree with experts

Deepak Nair (Expert) 06 January 2012
No property can be transfered through an affidavit.
A property can be transfered through 'registered' gift deed.

prabhakar singh (Expert) 06 January 2012
NO a land's ownership can NOT be transferred through an "affidavit" BUT it CAN BE transferred through "gift deed"