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1qaz2wsx   12 November 2016

Giftdeed between friends

Hello All, My wife's friend intends to gift her 50% undivided rights in a property (empty plot) that he brought in 2010. My questions: 1. Is gift deed of property between friends valid (without any sale consideration)? 2. If both decide to sell it, say in a month or two, will my wife get long term capital gain benifit? 3. If answer to #2 is yes, other than the gift deed registration amount, will my wife need to pay any taxes if the property is sold and she reinvests the money per the long term capital gain conditions? 4. Does the property become less marketable, due to all the above legal process? I mean, what documents of my wife would any buyer look for? Will it be seen as a "self earned" property of hers? Thank you, Karthik


Learning

 2 Replies

adv.bharat @ PUNE (Lawyer)     12 November 2016

What kind of property it is?

Self acquired or ancestral?

1) Not valid.

2) LTG means u need to sell it after 3 years from the date of purchase.

3) If sold prior to 3 years then u need to reinvest it for purchase of new house or land or NSC or PPF or REC purhcase.

4) Legal owner shipof property is defined by any instrument like sale deed or or names on ROR.

Will u appreciate this answer by giving THANKS on my profile page of LCI?

1qaz2wsx   12 November 2016

My friend has self aquired the property. If I have a self aquired property, I can give it to anyone without sale consideration right? If do, why will my friend not be able in the case I have put in the first post

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