Manju Guest
Asked July 17, 2016

gift deed

  • 2 Answers
  • 87 Views

Father owned a property which was transfered to my mother's name after the death of my father. The property and khata is in my mother's name now. 1. My question is if she can make a gift deed to my name (her son) now ? 2. Is it advisable to get a gift deed done or a partition deed. 3. In case a gift deed is done there will be no stamp duty as I am a specified family member. My question is that if any stamp duty would be payable in case of partition deed. 4. Is there any easier way to get the property transfered from my mother to myself ? Please help with these questions as detailedly as possible as I would seek legal help post your advise.

Answers 2

Default avatar
Saumya Kumar
A partition deed is executed when the co-owner of the property decide to separate their shares in the property(K. Panchapagesa Ayyar And Anr. vs K. Kalyanasundaram Ayyar, AIR 1957 Mad 472) . In the present facts given by you, your father’s property was transferred to your mother, therefore she is the sole owner of the property and not a co-owner with you. Therefore, a partition of the property is not possible as there are no co-owners and she is the only owner. She can transfer the property to you or to any other person by a sale deed upon the payment of certain sum of money or a gift deed as mentioned by you. It is advised that to transfer the property your mother should execute a gift deed in your favor which will require no stamp duty as you are her son.
Agree Comment 0 Agrees about 1 year ago

Default avatar
Saumya Kumar
A partition deed is executed when the co-owner of the property decide to separate their shares in the property(K. Panchapagesa Ayyar And Anr. vs K. Kalyanasundaram Ayyar, AIR 1957 Mad 472) . In the present facts given by you, your father’s property was transferred to your mother, therefore she is the sole owner of the property and not a co-owner with you. Therefore, a partition of the property is not possible as there are no co-owners and she is the only owner. She can transfer the property to you or to any other person by a sale deed upon the payment of certain sum of money or a gift deed as mentioned by you. It is advised that to transfer the property your mother should execute a gift deed in your favor which will require no stamp duty as you are her son.
Agree Comment 0 Agrees about 1 year ago

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