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suresh (engineer)     28 November 2010

Gift deed to non-family members

Dear Expert,

 

Is it possible to make gift deed to non-family members with paying of 8% stamp duty fee? If yes than anyone can challenge on aforesaid deed  from family members after?



Learning

 5 Replies

VIJAY MONGA (ADVOCATE)     28 November 2010

MR. SURESH,

You can make a Gift Deed in favour of the person who is capable of being your heir, he/she may be your family member or non-family member. It make no difference.

suresh (Advocate)     30 November 2010

Dear Mr.Suresh

If that property is your self acquired property you can gift any one, you have every right, non of your family member have any right to object.

regards

suresh.


(Guest)

Only you are avoiding the stamp duty for transfer of property in tamilnadu.

1 Like

SACHIN AGARWAL (ADVOCATE)     02 December 2010

It is not necessary that the proeprty can be gifted to the family member only. The doner should be capable to donate and the donee should be capable to receive the donation under the law. The said transaction can not be challanged on the ground that the donee was not the family member of doner.

SALA SATEESH (lawyer)     03 December 2010

Dear Sir,

 

The nature of transaction in "gift deed" shall be out of "love and affection" as such the element of consideration is not needed as compared to saled deed with consideration is essential without which the transaction is void.

As regard the payment of registration fee and stampy duty is only revenue to the respective state govt. and also for validating the transaction between living persons(donor & donee).

this is in addtion to all our colleagues supplements.

Regards,

S.Sateesh


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