Gift deed of houses in blood relatives (urgent)
Deepak sharma
(Querist) 18 November 2014
This query is : Resolved
We have two house in Uttar pradesh, House A, House B
House A is in the name of my Grand father, House B is in the name of my Grand mother
They have done will in favour of my uncle of both the Houses
He wants to tranfer this to us (three brothers+Mother) under a gift deed. Please let me know
1)If this transaction attracts stamp duty.
2)If yes, is there a discounted rate for blood relatives?.
3)What is the authenticity of this type of deed
4) Is there is any kind of litigation of ownership in future?
5) Is such kind of deed is valid in uttar pradesh?
6) Is such deed can be revoked?
Houses are situtated in nawabganj, bareilly U.P
Any help would be appreciated!!!
ajay sethi
(Expert) 18 November 2014
on your grand father/ grand mother demise your uncle would be absolute owner of said houses .
uncle can execute gift deed . it would attract if gift deed executed in favour of relatives it would attract lower rate of stamp duty .
once gift deed is executed your uncle will have no right , title interest in houses .
gift deed is valid . it cannot be revoked by your uncle
Shailesh Kr. Shah
(Expert) 18 November 2014
1) 7%
2) no
3) 100% if registered with free will and consent
4) no
5) yes
6) no
Deepak sharma
(Querist) 18 November 2014
Thanks respected lawyers for giving me good advice.
However I have one question is there is any way we can save the stamp duty
Actually uncle is having Will from grandmother now is there any way of inheritance or relinquish method or Non objection by which we can save lot of stamp duty
As the property in question is about 30 lac.
Shailesh Kr. Shah
(Expert) 18 November 2014
only simple way to save the stamp duty i.e. 'WILL'.
Deepak sharma
(Querist) 18 November 2014
Will from Will is possible in the eye of laws...
Please advise
many Thanks,
Shailesh Kr. Shah
(Expert) 18 November 2014
is your grand father and grand mother alive ?
Deepak sharma
(Querist) 18 November 2014
not alive (both of them)
Devajyoti Barman
(Expert) 19 November 2014
Once the beneficiary gets property in hand through Will, he can further bequeath the same through WIll.
Shailesh Kr. Shah
(Expert) 19 November 2014
Will from Will is possible in the eye of laws...
answer : yes.
Deepak sharma
(Querist) 19 November 2014
Thanks respected lawyers
Suppose he will in favour of us and after some years he changed his mind and cancel the will.
Is it possible he can cancel the will in later years?
Or there is any laws which prevent him to do so...
ajay sethi
(Expert) 19 November 2014
yes will can be revoked . so better have gift deed executed and pay stamp duty and registration charges
Deepak sharma
(Querist) 19 November 2014
Thanks you very much
Deepak
ajay sethi
(Expert) 19 November 2014
thanks for your appreciation
Deepak sharma
(Querist) 19 November 2014
My uncle has not Probate of a the Will. However the Will is registered.
Is this type of will is challenged?
in future as we have 4 bua (father sisters?
ajay sethi
(Expert) 19 November 2014
uncle should apply for probate of will if he apprehends future problems from his sisters
Deepak sharma
(Querist) 19 November 2014
Suppose Grandfather and Grandmother have 2 sons and 4 daughters, I wanted to know after daughter are not alive.
Does the property share pass on to the daughter children as well in HUF.
Devajyoti Barman
(Expert) 19 November 2014
In application of Probate, your ' BUAS' may challenge the Will.
Deepak sharma
(Querist) 19 November 2014
So is this mean this will is null if any one of then disagree...
I have another query
Suppose Grandfather and Grandmother have 2 sons and 4 daughters, I wanted to know after daughter are not alive(i.e. Buoa)
Does the property share pass on to the daughter children as well in HUF.
Daughter childres means buoa childrens..
Thanks in advanced for the time!!
Devajyoti Barman
(Expert) 19 November 2014
Challenging of Will does not mean rendering it nullity.
It only means that you have to prove that Will is valid and once that is done Probate is to be granted.
Deepak sharma
(Querist) 20 November 2014
Thank you Sir for your time..
However I have another query
Suppose Grandfather and Grandmother have 2 sons and 4 daughters, I wanted to know after daughter are not alive(i.e. Buoa)
Does the property share pass on to the daughter children as well in HUF.
Daughter childrens means buoa childrens..
Thanks in advanced for the time!!
ajay sethi
(Expert) 20 November 2014
in case daughters predecease the parents their share will devolve on their children
Deepak sharma
(Querist) 20 November 2014
Thank you for your precious time.
So it means if the daughter dies after their parents dies in than condition it will not pass on to the daughters childrens.
However it will pass on if daughter dies earlier than their parents.
Please let me know if I understood it correctly...
Many Thanks,
Deepak
ajay sethi
(Expert) 21 November 2014
daughters would inherit property absolutely on parents demise . grand children have no right on said property
ajay sethi
(Expert) 21 November 2014
thanks for your appreciation . query is resolved
Deepak sharma
(Querist) 21 November 2014
Thank you Sir for solving this query
