swetha (advocate) 02 January 2018

Which deed is better gift deed or release deed

Sir,
My father in law have filed an partition suit for dividing the family house property in 6 portions, 1 portion on his name and rest 5 on his brothers and sisters name... order is being passed in his favour...
Now one of his sister is ready to give him, her one portion..
So according to you which deed is a better one to get that property registered in his name... Gift deed or release deed...

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14 Replies

Vijay Raj Mahajan (Advocate) 02 January 2018

Gift deed as the sister is gifting her portion to her brother.

swetha (advocate) 02 January 2018

thank you so much

Advocate Bhartesh goyal (advocate) 02 January 2018

Before getting judgement of court in partition suit, release deed was best option as the property was joint but after the decree of partition suit , every party of the suit became absolute owner of his share so can not relinquish his share and can transfer her / his share either through gift or sale.so now gift /sale deed is option.

swetha (advocate) 02 January 2018

thank you so much

Kumar Doab (FIN) 02 January 2018

What exactly you mean from 'Order is being passed' !

Kumar Doab (FIN) 02 January 2018

Subsequent to decision by court each person should attain rights equal to that of onwer of portion by boundaries and can dispose like owner e.g; registered gift deed.

swetha (advocate) 02 January 2018

partition is finalized... what if we go for sale deed... instead of gift deed

Siddharth Srivastava (Advocate) 02 January 2018

It should be gift. Sale Deed would attract higher stamp duty and the same would also required to be made against "Consideration" which in present case is not involved.

Siddharth Srivastava (Advocate) 02 January 2018

It should be gift. Sale Deed would attract higher stamp duty and the same would also required to be made against "Consideration" which in present case is not involved.