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Amar Nigam (Engineer)     26 February 2018

Gift deed of brother's part in flat

Hi, I and my brother had purchased a flat in Indirapuram, Ghaziabad in year 2013. In sale deed(Registry) both the brothers are the equal owners of the flat. Also, the loan from the bank has taken as I as first applicant and my brother as co-applicant. Now, my brother wants to transfer his part of the flat(property) to me. I have spoken to a property agent who tell me that I should go for Gift Deed and get it registered. My queries are below. 1. What is the best permanent legal way to get it transferred from my brother to me? 2. If I go with Gift deed, would I'll be the complete owner of the flat, if yes, please let me know if I should not face any challenge if I sell that flat in future. 3. Also, can gift deed be done by my brother to my wife, so that I and my wife will be the legal owner of the flat. 4.What is the procedure to get the gift deed done? 5. What stamp duty I need to pay? Please help me with above details. Regards, Amar


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 3 Replies

Kumar Doab (FIN)     26 February 2018

An owner e.g; brother as in your query of 50%share , can dispose his/her share in his life time by a valid/registered deed in favor of anyone…………..e.g; gift/sale/release/relinquishment/transfer/settlement deed etc

In our case the property is pledged to lender due to home loan therefore the title must not be alienated without consent to lender…

1st check with lender that may agree and may like to evaluate the paying capacity of your spouse or you in such case as posted by you…

Stamp duty/charges are state subject and you can check from SRO…

In case of blood relation/relatives IT may be NIL/ negligible…

 

Amar Nigam (Engineer)     27 February 2018

What would be your suggestion? Should I go with gift deed or a transfer deed?

What is the difference between these two and which one is permanent ?

 

Regards,

Amar

Kumar Doab (FIN)     27 February 2018

What is the response of lender?

Generically speaking; both are valid for alienation of title and are to be registered.

Gift is without consideration.

In case you have some reservations that you do not wish to mention in thread you may also consider sale deed…………….

Any deed is subject to concurrence of lender…till property is mortgaged. 


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