Gift deed
GaneshTiwari
(Querist) 15 May 2014
This query is : Resolved
Hi Expert My question is .... My Mom have owned Registered document property with a property Card name in it . if she want to gift me that said property to me in that case my brother or sister have any right ? or I have to make release deed from my brother or sister ?
Devajyoti Barman
(Expert) 15 May 2014
No, your siblings can not do anything if the gift deed is properly executed and registered on payment of requisite stamp duty.
No need for making released deed.
Devajyoti Barman
(Expert) 15 May 2014
However as an abundant caution you can add them as witnesses in the gift deed.
GaneshTiwari
(Querist) 15 May 2014
But if I,m paying proper duty then also I have to make release is mandatory or any chance to stuck in legal ??/
GaneshTiwari
(Querist) 15 May 2014
And my another Question is :- My father have property in his name and he passed away and my mom is alive ... and my father has not made any will , in such case we r 5 members like my mom and my brother and sister ....in such case wat is the Distribution of ratio as per hindu law ,, (like my sister get one share or half of the share )revert
Rajendra K Goyal
(Expert) 16 May 2014
Your mother, you with your brother, sisters would have equal, share in the property left by your father deceased intestate.
Advocate Bhartesh goyal
(Expert) 16 May 2014
All the legal heirs of your deceased father have equal share in the properties left by your father intestate.
R.V.RAO
(Expert) 17 May 2014
you have clubbed 2 questions.
reply to first query:
you need not get any release deed from any body,if your mother gifts property to you which is in her name duly registered.as advised,add your brothers/sisters as witness in the gift deed.ensure the gift deed is, unconditional, irrevoable and registered.gift between mother and son is exempt from gift tax.
reply to your 2 nd query:
the property for which,your father has not made any will before his death , is called intestate property.
such intestate property will be distributed in equal share among all the class 1 legal heirs of your deceased father.(1/5 th to each legal heir).
the list of class 1 legal heirs to a deceased include his mother,wife,sons and daughters(and their legal heirs if any of these class 1 legal heirs are pre deceased)
T. Kalaiselvan, Advocate
(Expert) 17 May 2014
I agree to the proper explanation and advise rendered by expert Mr. R.V.Rao to your both the queries, nothing more to add.
R.V.RAO
(Expert) 18 May 2014
thanks. thiru.kalaiselvan ji.
GaneshTiwari
(Querist) 18 May 2014
thanks all for ur suggestion
