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498-must-scrap (Manager)     28 January 2015

Fathers property

Hi Experts, My father have porperty and they want to transfer all property to my Name. so I have query I have 2 married sister, Can Father simply make a gift deed in my name without concern my sister or does I need NOC from my sister. Kindly explain me the whole process?


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 6 Replies

Advocate Bhartesh goyal (advocate)     28 January 2015

If your father is exclusive owner of properly then he can give you the properly by registered gift deed .there is no requirement of NOC from your sisters.

Kumar Doab (FIN)     28 January 2015

Agreed with Mr.Goyal.

Suneet Gupta (www.vashiadvocates.com)     29 January 2015

Please clarify if the property is self-acquired property or ancestral property. If the property is self-acquired, then your father can simply transfer it in your name through a gift deed.

However, please note that the Gift Deed for an immovable property has to be compulsorily registered so as to be valid, and the requisite stamp duty and registration charges paid on the same. The stamp duty costs vary from State to State. Please let me know your state and I will be able to advise you about the Stamp Duty charges.

Suneet Gupta (www.vashiadvocates.com)     29 January 2015

Please clarify if the property is self-acquired property or ancestral property. If the property is self-acquired, then your father can simply transfer it in your name through a gift deed.

However, please note that the Gift Deed for an immovable property has to be compulsorily registered so as to be valid, and the requisite stamp duty and registration charges paid on the same. The stamp duty costs vary from State to State. Please let me know your state and I will be able to advise you about the Stamp Duty charges.

498-must-scrap (Manager)     29 January 2015

Hello Sir,

Thanks for your valuable guides

This was ancestral  Property but My Father buy it from my Uncle by registered sale-deed before 15 years. and now Property have my Fathers name Only. There is No issue in Family for this Now My father want to transfer this Property by Name. I am from Nagpur Maharashtra. What Is the good way to reduce stamp duty price ?

What the stamp duty for sale deed & what is for Gift deed ?

 

Please suggest

Suneet Gupta (www.vashiadvocates.com)     30 January 2015

The Stamp Duty for Gift Deed in Maharashtra is 5% as is the Stamp Duty for Sale Deed. There is actually no method to save Stamp Duty on the property, other than a Will (in which case you need to pay 7.5% probate costs to a maximum of Rs.75,000).


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