Gift in Contemplation of Death

Han,

I would like to bring to your notice that under Section 191 of Indian Succession Act gifts in contemplation of Death (Donatio Mortis Causa) can only be given for moveable properties. Also such property must be specific one. You may further note that such property can also be taken back by the giver, who had given the same due to illness and was expecting to die, in case he recovers from his illness.

In your case you are willing to give your nephew a house, which is an immovable property. Therefore, such gift is complusorily registerable under section 17 (a) of the Registration Act. In my opinion you cannot gift such house in comtemplation of death.

Regards,

Saket.

hi mr. han if you want to gift the property to you nephew after your demise, you execute registered will deed in favour of your nephew if the said property is purchased by you with your own fund if the said proeprty is inherited property in that even your leagl heirs having right to claim the share.

fees for the will deed is Rs.120/- only but the said will deed enforce after your demise.

Dear Ahmed,

As it is evident from your post at the time of getting the will probated still the Stamp Duty commensurating with the value of the property is liable to be paid.

Best Regards

Daksh

GPA

KINDLY DEFINE GENER POWER OF AYYORNEY

SECTION 31 OF SPECIFIC RELIEF ACT 1963 APPLIES ONLY IN RESPECT OF IRREGULAR SALE DEED TRANSACTIONS REGISTERED BY THE REGISTERIRING AUTHORITIES OR IT IS APPLICABLE IN CASE OF IRREGULAR LAND GRABBED GIFT SETTLEMENT DEEDS

KINDLY ENLIGHTEN