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vivek shrivastav (na)     22 August 2023

Gift deed

Can a father purchase property in the name of his major son and call it as gift without executing any gift deed. And what is the remedy to convert said sale into gift.


Quick Summary
This discussion clarifies whether a father can purchase property in his adult son's name and consider it a gift without a formal gift deed. It explains that such a transaction could be deemed a benami transaction under the Benami Transactions Act, rather than a gift. While a father can gift money for a property purchase, directly buying property in a son's name without a deed may lead to it being treated as a sale, with the son having full ownership rights.

 4 Replies

T. Kalaiselvan, Advocate (Advocate)     22 August 2023

Father can execute a gift deed for the money funded for purchase of this property by his son.

Father cannot buy the property on behalf of his adult son and claim it as gift deed. 

It will be treated as benami transaction under prohibitions of benami transaction act.

kavksatyanarayana (subregistrar/supdt.(retired))     22 August 2023

In my opinion, a father can purchase a property in his son's name and the son will become the sole owner of the property.

Laxmi Kant Joshi (Advocate )     22 August 2023

Property purchased by a father on his elder son's name  is not covered under gift deed

It will attract  benami Sampati transaction .

Dr. J C Vashista (Advocate )     23 August 2023

It would not to be a "gift" but "sale" deed in the name of son and son can dispose it as he desire, including sale to father.


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