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alpesh jain (propritor)     08 January 2014

Gift deed

i have a property in navi mumbai area of maharastra... its a joint property on mymname and my nephew(real brothers real son).... can i gift this property and according to the law of gift deed in blood relative does that apply in my case... its an A.P.m.c property


 3 Replies

Chetan Patil (Advocate)     08 January 2014

Yes U can Gift it 2 Any one

SACHIN AGARWAL (ADVOCATE)     08 January 2014

Yes. You can gift it to any one.

SKapoor_Lawkonect (Lawyer)     09 January 2014

Hi Alpesh, I would like to bring it to your notice that as the property you own is a joint property with your nephew so in order to even gift the property you have to have the a consent from your nephew. Since your question is not clear about the fact that to whom you wish to gift the property it can be said that you need not take the consent of your nephew if you are gifting him your share in the property but in case of gifting the property to any other individual you shall have the consent of your nephew. With regard to your second query i.e., the law of gift deed to blood relations it can be said that if you are gifting the property to your blood relations the rate of stamp duty will be lower in the case and it varies from state to state. In Baldev Singh v. Darshani Devi (AIR 1993 HP 141) it was held by the Court that a co-owner who is not in actual physical possession over a parcel of land cannot transfer a valid title of that portion of the property.





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