Gift deed
Querist :
Anonymous
(Querist) 16 May 2018
This query is : Resolved
I own a flat which was registered in my name and my fathers name. After demise of my father and mother my elder brother is willingly to transfer the same to myself. Can it be done through gift deeds or any other form. we live in mira bhayander
kavksatyanarayana
(Expert) 16 May 2018
The flat was purchased in the name of your father and yourself. But who paid the amount of consideration and from what source. all legal heirs of your father have equal rights over the property (if you have paid your own amount, then for your father share). However your brother is ready to transfer the property to you. if no other legal heidrs are there, your brother may execute a Gift deed in favour of you for his share or he may relinquish his rights from the property to you.
Kumar Doab
(Expert) 16 May 2018
Which personal law applies in our case or are you all Hindu?
Do you have other brothers and sisters?
Was your father's mother alive as on date of his death?
Kumar Doab
(Expert) 16 May 2018
Pls post with your ID and not as AQ and you can get many replies.
Your ID does not mean your email id or phone number and don’t post these also.
Guest
(Expert) 16 May 2018
You may or may not get many replies if you post with your ID, but definitely you won't get any legal advice from Mr. Kumar Doab, a fake expert with unreal name. it is not understood, why he asks everybody to post with ID, as if he licks the IDs.
Querist :
Anonymous
(Querist) 16 May 2018
Well I have paid the amount from down payment and till date all the emi's to the bank. Legal heirs are my elder brother and elder sister
Querist :
Anonymous
(Querist) 16 May 2018
Well I have paid the amount from down payment and till date all the emi's to the bank. Legal heirs are my elder brother and elder sister
Querist :
Anonymous
(Querist) 16 May 2018
Well I have paid the amount from down payment and till date all the emi's to the bank. Legal heirs are my elder brother and elder sister
kavksatyanarayana
(Expert) 17 May 2018
you have paid the amount for your share, then for your father's share, all the legal heirs of your father and your mother alive have equal rights.
Querist :
Anonymous
(Querist) 17 May 2018
So gift deed is the correct method or any other method can be adopted
R.Ramachandran
(Expert) 17 May 2018
If your brother gives you a Registered Relinquishment Deed relinquishing his rights, title, interest and share in the Flat in your favour, then that is the best method. This method involves very very minimal stamp duty. Any other method is little costly. In fact, if it is Gift Deed, one has to pay Stamp Duty (though at some reduced percentage) on the market value of the property. This is avoidable.
P. Venu
(Expert) 17 May 2018
All the legal heirs of your father need to execute relinquish deed.
Kumar Doab
(Expert) 17 May 2018
As per your posts the legal heirs of your deceased Father are not just your mother and brother but your sister also.
If you are all Hindu and mother of your father was also alive as on date of your father then she is also the legal heir ( ClassI).
Gift deed ( registered) is without consideration. In your state the duty/charges for gift deed may be NIL/negligible.
You can check at website of the dept and/or from SRO…
Even a senior deedwriter can update you on duty/charges for any deed.
Relinquishment deed is another perspective.
You may also inquire about registered family settlement deed (best recourse if workable and possible s per current siuation) which may leave NO scope for any (worthy and successful) contest in any court of law.
In any deed narration of full payment made by you may be made, preferably.
You may check LOCALLY and chose the any deed that is deemed most suitable to you.
Kumar Doab
(Expert) 17 May 2018
IT=@PSD
Is the entity at 5th post and one of the multiple fake ID’s of IT=@PSD and daily TAMASHAA from day1 under all of IT’s multiple fake ID’s including those that have been shunted out and permanently blacklisted, with IT being sole TAMASHBEEN in IT’s own TAMASHAA ( IT’s own favorite words)
At the cost off repetition;
The term ‘Lick’ is used for LCI to drill ( In IT’S unsound mind in IT’s hollow head and fill IT with come outs )the meaning of the word into the head of IT=@PSD and what IT =@PSD licks is also explained in many threads RECENTLY…to IT=@PSD
IT=@PSD will post the weblink of the thread in which IT is explained and understood by IT=@PSD tomorrow at 03.49pm ( not early not later than IT)..and confirm understanding and that understanding is permanently etched in head and face of IT=@PSD and other entities that cling on IT’s tail..
IT=@PSD will also write that IT has now started sucking the part that is upper level from licking..and would be soon swallowing..
The OLD drama ( Tamashaa) that IT=@PSD is littering at LCI once again is calling EXPERTS that help quietists; as TOUTS and Terrorists from terrorist outfits…to fail again… and deflect/distract/sidetrack IT’s=@PSD own Touting and terrorist activities..to FAIL again..Miserably as usual in all of IT’s TRADEMARK Tamasha …
IT is clear that IT=@PSD is in heat ( Tap raha hai) and is looking for deep ground ( gahri jameen) to bury and get final eternal peace and sleep..
Out of our generosity let us wish IT=@PSD eternal peace and sleep!
Guest
(Expert) 17 May 2018
Scores hungry and disturbed minded Mr. Kumar Doab, a false expert with false name has again appeared with two more vague posts. A great achievement, 4 vague posts against a single query!
Had he to give any advice, he could at the very first instance could give that. Now even without waiting for ID of the querist, he made two more posts merely to add additional scores to his credit. Even now, he has repeated the advice of other experts only.
T. Kalaiselvan, Advocate
(Expert) 18 May 2018
Your brother being one of the legal heirs of your deceased father can execute a registered release deed relinquishing his rights in the property in your favor after which you will become the absolute owner of the property, provided there is no other legal heir other than you two.
Guest
(Expert) 18 May 2018
A Settlement Deed would be Less Cost than Gift Deed with legal validity.. Discuss with Senior Document Writers at the concerned Registrar Office.
Querist :
Anonymous
(Querist) 19 May 2018
But I have come to known that in maharashtra gift deed can be executed on rs 500 stamp paper in terms of blood relatives and no other charges are leived
