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santosh kumar gupta (tax consultant )     26 December 2013

Gift of immovable property

Dear friends & Ld. Seniors, I have a question for which I need your guidance. The question is as follows :- A mother wants to gift a property to her eldest son, she has 2 sons and a daughter who have no objection . The immovable property actually belongs to her late mother in law who had 5 sons and 4 daughters of which 1 sons and 2 daughters are dead. The property were mutually divided between 5 brothers after obtaining no objection from sisters. Now the mother in question has the property on the basis of her dead husband. What should she do for gifting the said share to her son and can the gift deed be registered in this case under Transfer of Property Act. Yours, S.K.Gupta, Advocate


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 2 Replies

jayakumar.R (ADVOCATE & LEGAL CONSULTANT)     28 December 2013

       

                   All  of you jointly execute release deed in favour of your elder brother (including mother and other legal heirs) this is the best way of transfer this property 

adv.raghavan (Advocate,9444674980)     28 December 2013

YES,she can gift her share to the son she prefers, if other want to follow the same they have to relinquished their rights over the said property to the eldest son,and it can be registered under TP ACT.


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