Aditya Raj (Owner) 07 August 2012

Gift deed confusion

Hello,

My maternal grandfather has some property and he wishes to divide it equally to his sons by means of gift and will.

He wish to gift his house (bought by him) to his two younger sons one of those lives in Australia. The oldest one lives separatly and he does not has good terms with his father and the two younger brothers.

My que is:

If my grandfather wishes to gift the house, does the presence of my uncle living in Australia needs to be present at that time while recieving gift?
Do they have to do the registry as per the DLC rate of the house or it will be simple gift registration or both?
Can my oldest uncle challenge any gift deed even if my grandfather is alive?

Please help in solving the queries.

Thanks

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1 Replies

surjit singh (Assistant) 07 August 2012

You have to see first whether the propoerty to be gifted is a self acquired property or not, so far the second part is concerned it is better to get it registered, the presence of the giver of the gift and the acceptor is enough before the Sub-Registrar. And so far payment of duties/DLC rates is concnred it depends from state to state.