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Ancestral Property

(Querist) 18 December 2018 This query is : Resolved 
As per my grand fathers (registered) Will, Narender (my chachaji) is the legal heir of the property. Now after death, his wife, son and daughter are ready to transfer the property to me. Narender's wife can gift the property to me and no income is applicaple as per the blood relation. Now my question is how Narender's son and daughter can transfer the property to me? Whether they can gift this property to me?
Dr J C Vashista (Expert) 19 December 2018
Whether Narender is alive or died, you have missed to inform ?
If he is no more let all his LRs (widow/ son and daughter) may transfer it by Gift/ Sale/ Will etc.
However, if Narender is alive, he is to transfer his share as he desire without any consent of his wife/children.
Priyanshu Goel (Querist) 19 December 2018
He died in 1999. Now whether his children can give the property to me? If yes is there any income tax applicable on them or not? And how much? Or will they cover under blood relation?
Kumar Doab (Expert) 19 December 2018
Was the WILL duly acted upon without any cloud on IT
Or probated !
kavksatyanarayana (Expert) 19 December 2018
If Narender is died intestate, his wife and children have equal rights over the property. so each person of his/her share may gift to you or all them jointly can gift to you. you have to pay Gift tax. consult local CA.
M V Gupta (Expert) 21 December 2018
I add to what Expert Mr. Satyanarayanaji has stated. You may not be regarded blood relation to your cousins. Full stamp duty and registration charges may have to be paid on the gift deed.
Priyanshu Goel (Querist) 21 December 2018
What about in the case of chachiji? Whether is there any relaxation in the stamp duty and registration charges (as she is covered in the blood relation)?
Kumar Doab (Expert) 22 December 2018
Until WILL is duly acted upon without any cloud on IT, WILL is mere piece of paper.

1st thing 1st : Get the authenticated copy of updated mutation records and all link docs.

You have not responded to points in this thread or other threads.

You had clarified in 1st query that narendra has died {(if query was not modified later)
(Vashistaji pls note)}.

If you are all Hindu and mother of Narendra was not alive as on date of his death then his wife, children are his ClassI legal heirs. If mother was alive then she is alos having equal share being ClassI legal heir.
If WILL favoring Narendra was duly acted upon without any cloud on IT then share of Narendra as per WILL, can devolve upon his ClassI legal heirs.
If WILL is duly acted upon without any cloud on IT then Narendra has not got share as per WILL and hence share of Narendra as per WILL, CANNOT devolve upon his ClassI legal heirs.
IN that case, the share as per succession/inheritance can devolve upon Narendra and further to his legal heirs.
So 1st of all confirm if the said WILL (registered) has been duly acted upin without any cloud on IT?
If yes, then refer to as explained above.
Get the authenticated copy of updated mutation records and all link docs.
Each state may have different list of Blood Relatives/Relatives for providing relaxation/waiver of stamp duty/charges for a deed.
If the relation as in query is covered amongst Blood Relation in said state, then go ahead and avail the relaxation/waiver!

There should be NO issue or problem in atleast this matter of relaxation/waiver!

Isn’t IT !
Kumar Doab (Expert) 22 December 2018
Same matter/Query;

http://www.lawyersclubindia.com/experts/Ancestral-Property-698661.asp

http://www.lawyersclubindia.com/experts/Gift-of-property-690331.asp

http://www.lawyersclubindia.com/experts/Property-Issue-504611.asp
http://www.lawyersclubindia.com/experts/Power-of-Attorney-504616.asp
http://www.lawyersclubindia.com/experts/Ancestral-property-589341.asp

If yes; there are 2 beneficiaries in the said WILL and not 1.
M V Gupta (Expert) 22 December 2018
Reply to your supplement dt.21st Decmber-- For purposes of stamp duty only lineal descendants or brother or sister etc are regarded as blood relations for purposes of relaxed stamp duty. Please see Articles 34 and 52 (a) of Maharashtra Stamp Act, 1958.If you are not from Maharashtra, check up the relevant provisions of your State.
Kumar Doab (Expert) 25 December 2018
If the matter pertains to state of UP then refer to the state rules of UP.
The legal heirs of beneficiary have agreed to gift the property and small amount of gift duty/fee must not matter.
Before anyone changes mind registere the gift deed and obtain authenticated copy updated mutation records.
If the procedure involves consent of donor(s) get the consent also for mutations.


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