Gift of land
Querist :
Anonymous
(Querist) 09 August 2011
This query is : Resolved
how can a mother gifts a land to her married daughter when she doesnt have ragistration paper. Paper is with her husband and he doesnt want give the land to daughter. Land is on the name of mother. She doesnt know what the ragistration no. is and how much the land. Plz help.
R.Ramachandran
(Expert) 10 August 2011
After all the details of the property are known.
One can approach the sub-registrar's office and seek Encumbrance Certificate for 13 years.
In the Encumbrance Certificate it will come out as to in whose name the property is situated.
Once that is confirmed, the mother can execute a Gift Deed in favour of her daughter. But the Gift Deed needs to be registered. One has to pay stamp duty on the value of the property and also applicable registration charges. The mother, daughter and witnesses have to visit the sub-Registrar's office to execute the Gift Deed.
On the basis of the GIFT DEED the daughter can get her name mutated in the records.
Having said the above legal provision, I am also to point out the following:
The Mother has to think several times before doing any such gift. She should also think about her future relationship with her own husband. Once she does things like this behind the back of her husband, who is against giving the property in gift to his daughter, her position in the house will be very difficult. So this factor has to be considered before taking any further action. It will be advisable for the mother to go on broach the subject of gift and try to convince her husband rather than taking any action on her own and that too against the wishes of her husband.
