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nlr (na)     23 September 2024

Acquiring property from sister

I will acquiring a house property belonging to my sister. She is a divorcee with a 24 yr old child. I will be paying full sale consideration.

Should I register a sale deed or a gift deed? Stamp duty for gift is lesser.

My lawyer says sale deed is better so that the daughter cannot dispute this later.

What deed is better?

 



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 6 Replies

Real Soul.... (LEGAL)     23 September 2024

Gift deed is like your sister or her children can claim back antime. if you are paying for property then buy it through a registered sale deed

1 Like

T. Kalaiselvan, Advocate (Advocate)     23 September 2024

It is always advisable to acquire the property by a registred sale deed in order to avoid future litigation, that may arise for any reason at a later stage.

A little more expenses towards the stamp duty at this stage may enable you to avoid big expenses or loss at a later stage if a litigation arises.

1 Like

kavksatyanarayana (subregistrar/supdt.(retired))     23 September 2024

Yes,  It is best to go for registration of the sale deed to avoid legal complications in future.

1 Like

nlr (na)     24 September 2024

One more situation came up. I may not be able to hold on to the property as I will require funds for another necessity and will look for a future buyer at the earliest.

I will anyway be paying full consideration to my sister. Can I get a registered sale gpa from her?

If I get a gpa, what happens if she passes away or I do?

 

T. Kalaiselvan, Advocate (Advocate)     24 September 2024

The GPA whether unregistered or registered document will not confer title to the property to the holder, if she passes away then the GPA will stands cancelled automatically.

Do not get into such ideas which will cause you more loss and damages. 

1 Like

Shashi Dhara   28 September 2024

To evade stamp duty don't invite danger you are paying entire market value.

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