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Glacial (Manager)     07 October 2014

Release deed vs gift deed

I jointly own a residential property along with my mother in Mumbai purchased in 2009 at 50 Lacs (todays cost 1 cr). The 100% financial contribution for the purchase and home loan EMIs has been from my salary. I had inserted mothers name as joint owner out of just love and affection without she contributing anything financialy (she is a housewife without any pension)

Today I need to transfer her 50% ownership to me as I have younger brother too. Which option should i choose between release deed and gift deed so that I have to pay minimum stamp duty. Also would release deed/gift deed attract any capital gains and how much.



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 3 Replies

samuel (Graduate)     08 October 2014

Hi Sir, 

 

The reason I mailed u, We have 300 sqft independent house and My Father and Mother have Three daughter all are elder ones and I am least in my family, my all sisters got married and me too, but my mom and dad are willing to gift the property to me, so there is any problem for them alloting the property to me and/or my sister’s to have share in the property and the land is also a noatry. 

T. Kalaiselvan, Advocate (Advocate)     12 October 2014

@Glacial:  Whether you have made your mother as a joint owner out of love and affection or otherwise due to  some other reason, the legal fact is that she is a co-owner of the property and she can deal/transact with her share in the property independently on her own without taking consent from you.  Therefore under such situations, it is always better to ask her to execute a registered gift deed of her undivided share in the property in your favor by paying proper stamp duty.  Release deed will not be a favorable advise to you with the given situation. For stamp duty, you may have to enquire in person from the local registrar's office, it differs from one state to another.

T. Kalaiselvan, Advocate (Advocate)     12 October 2014

@Samuel: you should use a separate thread to post your own query for clarification.  In others thread, you can give a reply if known to you.

Now to your query:

Who is the title holder to the property intended to be gifted to you.If it is a self acquired property of your father/mother, they can very well execute a gift deed in your favor, even it is a property inherited through a family partition by them, it can be gifted to you, if the house property is of ancestral in nature, all your sisters have to execute a release deed in your favor relinquishing their rights in the property.


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