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Vipin S (Proprietor)     13 August 2013

Gifting or buying property

We have a Flat property in my father's name. The said property was mortgaged in a cooperative bank for a decade and the bank is currently under liquidation. We were supposed to pay around 7 lac with interest and penalties.


About six months ago my father-in-law offered finaicial help, then we negotiated with the bank and settled our loan for around 5 lac and recieved Registry documents and NOC from the bank.

I've opened an RD a/c in the name of my father-in-law and depositing money in it so that I can pay back to him. He suggest that I should name the property in my name.

Now the question is what and how to do? Whether we should go for a sale deed and register the property in my name or my father gifts the property to me and I go for registration.

Which one would be the best and money saving option?

Please suggest..



Learning

 2 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     13 August 2013

Stamp duty on sale and gifts are equal.Then obviously sale deed would be a better way where conditions imposed with regard to consideration payments in installments shall
never be an open question any where to be decided which in gift would always be.

Vipin S (Proprietor)     14 August 2013

Thanks for you suggestion sir. And what will be the Income Tax implications if I go for a sale deed or a Gift deed?


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