Balajic 21 July 2020

Gift land from sister to brother - within the family(both ar

Hi,

Need your advice.

My mother and sister(unmarried) stay in Bangalore and I have given money to them, from which my sister has bought 30x40 site. Now she wants to give the site a gift to me.

Question 1 - Is this (gifting land property to brother, within the family) legally possible? As per https://dpal.kar.nic.in/.%5C34%20of%201957%20(E).pdf
[28. Gift-instrument of,- not being a settlement (No. 48) or will or transfer (No.52)

2[(b) Where the donee is a member of the family of the donor
Explanation: Family in relation to the donor for this purpose means husband, wife, son, daughter, daughter-in-law and grand children]2]1

There is no mention of brother and sister, so my sister gifting me 30x40 site legal?. Am I looking at it wrong or is there any document to support?

Question 2 - Can my sister gift the land to our mother and then mother pass it to me thru will. Is this possible and legal?

Please help with these questions.

Thanks

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6 Replies

Shashi Dhara 22 July 2020

She can gift it to you or can through release deed ,or will can be written.

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 22 July 2020

Under section 122 of the Transfer of Property Act, 1882, you can transfer immovable property through a gift deed. Like a sale deed, a gift deed contains details of the property, the transferrer and recipient. But instead of a sale consideration in a sale deed, a gift deed allows you to transfer ownership without any exchange of money. Registering a gift deed with the sub-registrar is mandatory as per section 17 of the Registration Act, 1908, and as per section 123 of the Transfer of Property Act. If you don’t do this, the transfer will be invalid.

P. Venu (Advocate) 22 July 2020

Yes, the gift needs to be registered. the question whether stamp duty would be nominal or otherwise, depends upon the provisions of the Stamp Act as in force in the State.

niranjan (civil practice) 23 July 2020

It is better to see relevant stamp Act.As per Karnatak Stamp Act 1957 sec.3B additional stamp duty is required tobe paid and I did not find definiition of family. But any way, local advocate is required tobe contacted.

Aniket Giri (ADVOCATE) 24 July 2020

You sister can gift her property to you as well as your mother. Now if your sister gifts the property to your mother then upon her demise you and your sister will jointly inherit the same. Hope this suffices your query, please let me know if you need any further details.

Balajic 24 July 2020

Thank you all for your advice.

I gather from your advice that.
Either, my sister gifts the land to me OR to my mother and I inherit the land solely from my mother is legal.
To the know exact gifting/section or definition of family. it is better to involve local lawyers.