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Siddhi Agarwal (Owner)     09 October 2025

Gift deed in favour of married daughters

A senior citizen couple own an apartment in Mumbai and have nominated their daughters as Nominees. Society has accepted the Nominations and taken it on records. Now their queries are as under:

1) If any stamp duty will have to be paid on tranfer of the apartment in their names on demise of the owner?

2) Is it advisable to gift the apartment to the 2 daughters now by paying nominal stamp duty to avoid any inconveniences at a later date?

Kindly guide. TIA



 6 Replies

T. Kalaiselvan, Advocate (Advocate)     09 October 2025

By appointing a nominee you have just created a trust to take care of your property.

This is not a transfer of property.

If you want your property to be enjoyed by your children either during or after your lifetime then you may  transfer the property either by a registered conditional gift settlement deed stating that they can acquire the property after your lifetime or you can write a Will transferring the property to them as per your desire.

1 Like

kavksatyanarayana (subregistrar/supdt.(retired))     09 October 2025

It is better that the senior citizen couple may execute a gift deed to their daughters equally or unequally, as you think. 

1 Like

Dr. J C Vashista (Advocate )     10 October 2025

Very well analysed, opined and advised by learned experts, I endorse and appreciate their acumen.

You may consider and perfer to execute a conditional gift deed in favour of your daughters.

S Jadhav 98336 98330 (Jadhav & Associates)     10 October 2025

  1. There may not be any stamp duty to be paid on inheritance after the demise of the owner to his family members. However, the probate of the will or the legal heir certificate will require payment of charges based on property value since the property is in Mumbai.
  2. The owner may gift the property during the owner's lifetime with the condition that they will have the right to enjoy the property until the owner's death. However, there have been cases wehre the owner gifts the property and the children have thrown out the senior citizens (the Governement has passed a law regarding senior citizens, the children and their property). So request to be careful when doing so.
  3. Transfer by inheritance is a better and safer alternative with respect to such issues and also for taxes etc.

 

P. Venu (Advocate)     10 October 2025

Other than the daughters, are there any other (Class I) legal heirs?

Shashi Dhara   11 October 2025

If grand mother is alive she will also come under first class heir if not, no other childrens only 2 daughters they inherit it legally.


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