Madhusudhanan (PM) 28 August 2012

How to transfer property to a relative

My wife was brought up by one of her grandma (Her maternal grandma's younger sister) from childhood till our marriage. Her grandma does not have any children. She has a self acquired plot with a house built on it. She wants to transfer that property my wife.

I am not sure if it is possible for to execute a settlement deed in favour of my wife as she is not her direct grandchild. Can someone clarify what is the right way to get the property transferred to my wife? we want to do things legally right so that no other relative can dispute this in future and claim share in it.

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3 Replies

Bhawani Mahapatra (Law Officer) 28 August 2012

Dear Madhusudan The best way here to transefer the property acquired by your wife's grandmaa is through a "gift deed". Once it is registered with the local sub-regrister office, the title of property will pass to your wife. However another option is also available. Its through registered sale deed. But it is advisable only if the cost of registration as compared to that of gift deed is considerably less.

Madhusudhanan (PM) 28 August 2012

Bhawani..Thank you very much for your advice. Appreciate your help.

Nilesh Agrawal (Lawyer) 29 August 2012

The cost of sale deed registration and gift deed registration is same. so it is better advice that u opt for sale deed if you do not come across any taxation problem. as gift deed is without any consideration and sale deed is with due consideration.