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vipul shah (AVP-Sales)     11 May 2015

Gift deed from father to son

My short term goal is to resolve my problem,
but i would like to make this message a step by step guide for readers with the help of elite members

We live in a Flat in Western Suburbs of Mumbai in a Co-op Society.
There is been a mutual understanding between me and my father that i would pay him Rs 40 Lakhs for the flat and he would transfer the flat in my name by way of Gift Deed instead of actual buy and sell transactions 

1-> Can my father transfer the flat by way of gift deed to me, whether recovrable or irrecovarable gift deed ?
2-> Is there any way my sister can make a claim of this property in future dare ?
3-> Can we mention the amount of Rs 40 lakhs in the gift deed so that when i transfer the money to my father's account he doesnt land up in Income Tax Problems ?
3-> Can the gift deed be under joint name of Myself & my wife ?
4-> What papers would be required to transfer the flat in my name in Co-Op Society ?
5-> Is there any Stamp Duty to be paid to make the gift deed legal ?
6-> Can i avail a Mortgage loan on the property once it is transferred in my name  
6-> Can I sell the flat in future date once it is transferred in my name using gift deed and society procedures ?

 

Many Thanks 

 

Vipul Shah



Learning

 2 Replies

saravanan s (legal advisor)     11 May 2015

a gift is something which is given without any consideration.so you cant mention that you are giving 40 lakhs in return for getting the property as gift.

when a property is given as gift it can be challenged in the court if it is given under coercion or fraud

yes stamp duty has to be paid but its less when gift is made to blood relations

once the property is gifted to you you are free to sell it, mortage it or do whatever you want

Sandeep Naik (Advocate)     19 May 2015

If ur father wants Rs. 40 Lakhs then let it be through  Sale Deed. It cannot be Gift Deed as mentioned by Saravanan S. 

Adv.Sandeep Naik

Mob : 99670 56980 (Bombay HighCourt )


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