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Subhomoy Das (Retail Manager)     11 March 2015

Gift deed

I`m from Kolkata ( West Bengal) . I have a Flat on 1st floor and it is 8 years old. The Flat is in a Residential Complex and not in a stand alone appartment. The Super Built up area is 1320 sq ft. The Flat is in my name & my mother`s name. ( Joint names). As my mother is old now and not keeping well she wish to execute a Gift deed of the said flat ( her owning part) in my name unconditionally so that i become the sole single owner of the Flat. The Flat is already registered and mutated in our joint names. My question is :

1. Can my mother execute a Gift deed in my name.

2. What will be the area of the Gift deed executed ? is it the entire 1320 sq ft or half of 1320 sq ft that is 660 sq. ft only. ( Calculation of the market value of the said flat ).

3. By executing the Gift deed in my name can i become the sole owner of the said flat. Does Gift deed have same value as Sale Deed or Deed of Conveyance?

4. In future if i wish to sale the flat can i do so without any legal problems ?

5. As the Flat is already mutated in my & my mother name shall i required to get mutated again once the Gift Deed is executed so that i can become the sole owner.

6. Can my mother execute the Gift deed in the concerned registry office or does she require to approach a Lawyer in the Court for execution of the Gift Deed ?

7. What is approx  Stamp Duty  value & Registration fees in Kolkata. Stamp duty & Registration fees of Gift Deed & Sale Deed are same ??

 

Please advice.



Learning

 6 Replies

saravanan s (legal advisor)     11 March 2015

she can relinguish her rights in the joint property instead of executing a gift deed in your favour

Jai Karan Nagwan (consultant)     11 March 2015

Well advised by Savanna!

Jai Karan Nagwan (consultant)     11 March 2015

Well advised by Savanna!

Adv k . mahesh (advocate)     12 March 2015

relinquish her rights to your name and you will be sole owner of the flat without gift deed 

Subhomoy Das (Retail Manager)     13 March 2015

Thanks for your advice.

 

@ Sarvanan S & Adv. K Mahesh -- Please can you let me know what does relinquishing the rights. What is the process of doing relinquishing the rights. Do i required to do some sort of registration, mutation & paying stamp duties in relinquishing the rights. In this process if i become sole owner then can i sell of my flat in future without any legal hindrance ?

As its a Flat -- a immovable property does relingushing the rights applied ?

 

Please advice.

Subash M R (Advocate)     14 March 2015

1. Can my mother execute a Gift deed in my name.

Ans:-Yes.

2. What will be the area of the Gift deed executed ? is it the entire 1320 sq ft or half of 1320 sq ft that is 660 sq. ft only. ( Calculation of the market value of the said flat ).

Ans:-660 sq.ft

3. By executing the Gift deed in my name can i become the sole owner of the said flat. Does Gift deed have same value as Sale Deed or Deed of Conveyance?

Ans:-Yes.What matters whether ownership passes or not.By gift deed same would happen.

4. In future if i wish to sale the flat can i do so without any legal problems ?

Ans:Yes.

5. As the Flat is already mutated in my & my mother name shall i required to get mutated again once the Gift Deed is executed so that i can become the sole owner.

Ans:Yes.

6. Can my mother execute the Gift deed in the concerned registry office or does she require to approach a Lawyer in the Court for execution of the Gift Deed ?

Ans:-Yes, to first part of your query,and so second part of query is immaterial.  

7. What is approx  Stamp Duty  value & Registration fees in Kolkata. Stamp duty & Registration fees of Gift Deed & Sale Deed are same ??

Ans:-It varies state to state,check with concerned sub-registrar office. Release/relinquishment deed is not considered as a mode of transfer of ownership in some part of the country and therefore may not be maintainable in the eye of law.

 

Thanking you, 


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