Gift deed settlement

If the settlement was registered in the name of  the son, he has a complete right over the said Property . the donee has to apply for change of name in Patta, Property Tax, Water tax,, and EB along with the Settlement deed,  Legal hair certification and Dealth Certificated of the Donor.

 Thanks Aruna for the reply...

You mean to say that the son has the complete rights to the property and the daughters cannot claim or have rights to the property? Is that right?

yes, if the property is settled to the son then the daughters cannot claim any right over the property.

Mr.Karthik,

Usually once a Gift is accepted, property is automatically delivered. Once a Gift Deed has been signed by the Donees in token of their acceptance of the same and the Donor also supports that a valid Gift is made. then, mere non-delivery of the possession, if any, becomes immaterial.

If the property gifted by the donor is self acquired and the same has been gifted, then the donee has the complete right over the property, whether he is a son or daughter.  The question arises is if it is an inherited property.  The donee can get the required statutory papers transfered in his name by producing the registered Gift/settlement deed with the concerned authorities.

DOCUMENTS REQUIRED FOR GIFT SETTLEMENT DEED

DEAR SIRS

VERY GOOD MORNING

KINDLY INDICATE THE ACTUAL DOCUMENTS/PAPERS ONE NEED TO BE SUBMITTED BY A PERSON TO THE SRO PRIOR TO THE REGISTRATION GIFT SETTLEMENT DEED AND IT IS BELIEVED THAT THE NAME OF THE PERSON ADDRESS DATE AND YEAR  WHO ACTUALLY DONATED TO A PERSON SHOULD BE MADE AVAILABLE IN CASE THESE ARE NOT MADE AVAILABLE IS THE SUB REGISTRAR CONCERNED MAY REJECT DEFECTIVE PAPERS AND IF SO TO QUOTE AUTHORITY/ACT/RULES ETC

THANKS

S V RAO

Good Morning

Any difference between gift deed and gift settlement deed It is believed that both are one and at the same

Thanking you

S V Rao

Gift deed and gift settlement deed is one and the same

Respected Seshagiri Viswanatha Rao,

FOR YOUR FIRST QUERY

THE FOLLOWING DOCUMENTS ARE REQUIRED IN THE CASE OF THE PROPERTY IS A HOUSE / FLAT / BUILDING : -

1. Parent Document (prior to title deeds).

2. Title Deeds (how the DONOR gets the property).

3. Patta / Extract issued by competent authorities.

4. Property Tax Card.

5. Water Tax Card.

6. EB Card.  (4 to 6 for to prove continuous Possessory Rights).

7. EC for Maximum of 25 Years.  (If the DONOR obtains the property before the 25 years period then obtain Encumbrance Certificate (EC) before that Period too).

Along with the above documents, you are required to produce the Typed GIFT DEED which includes the DONOR details and DONEE Details and Property Details in the prescribed format of SETTLEMENT / GIFT DEED.

If the Property is a Vacant / Agricultural Land then the SL. Nos. 4 to 6 are not mandatory.

FOR YOUR SECOND QUERY

Settlement Deed and Gift Deed are not one and the same in the following views : -

STAMP DUTY EXEMPTION

1. The Stamp Duty for the SETTLEMENT deed is very minimum as compared to GIFT DEED (it attract the actual stamp duty).

2. SETTLEMENT DEED must be executed between the BLOOD RELATIONSHIP for stamp duty exemption.

But the Gift Deed may be executed in any one favour by paying the entire stamp duty.

3. Gift Deed may be executed to the Blood Relations and Third Parties.  But the Settlement Deed only executed to the Blood Relations.

Regards,

SENTHIL KUMAR L

A person settled a property in favour of a Hindu Religious Mutt. He had however allowed a relative of his to stay on the property till her death. That relative has written a Will and registered the same in a Registrar's office, in favour of a relative of her. Can the beneficiary indicated in the Will be entitled to the property?