Dear Legal Arrow Sir,
Thanks for your kind and detailed reply.
since you are saying that no formal partition has been effected, please execute a regd. partition deed since al the 3 of your siblings are in consonance with each other.
Sir, is the partition a madatory requirement before gifting the housing property share? My sister is not a co-owner in the housing property. Can you please elaborate more about what advantage we will getting on executing partition deed over gift deed.
In the said parttion deed you can have a specific clause saying that the you have no interest in the schedule proeporties and all the rights, title and intrests accruing in your favour may be transferred to your sister. On the basis of the same all title documents can be conferred on ur sisters name as per ypur wishes.
stamp duty on agift deed is very nominal when the gift is between class I Heirs i.e. blood relation.
From where I can find the stamp duty in Uttar Pradesh for gifting house property to my real sister. Will partition deed be having some effect as gift deed. Also once gift deed is done in time before my wife cases, is there any possibility that court can still revert it?
if the said alienation is after the filing of such alleged cases filed by your wife. she has a lien in respect of her maintenance from the said share of your joint family property.
Sir, there is lot of confusion which date to be considered, there are following dates as below please tell which will be cosidered by court such after gifting that date gift deed can be challanged:
- her application filling date in CAW cell.
- FIR date
- case filiing date
- date on which notice is served to me or date when notice is received by me.
Actually there is a possibilty of agreement between my side and wife side. I want to save stamp duty in case the agreement is reached and hence want to hold the housing property till last moment.
Please suggest.
