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Dinesh   25 February 2018

Gift from mother

Dear Sir / Ma'am,

My mother is getting older and she has been asking me for the past few years, that she wants to gift some of her agricultural land either to me or to my son.  Can you please let me know, what is the process, that I need to follow, if my mother wants to gift the land to my son (16 years old)? Does my son is required to go the registration office? Can it be done wihthout my son going to the registration office? What are all required from my son?

Regards,

Dinesh



Learning

 3 Replies

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     26 February 2018

Sir, It needs to be given qua a registered gift deed, for that purpose u need to visit the registrar along with the mother and ur child .... Ensure that the child must be 18+ years of age ..... Warm Regards Kapil Chandna Advocate 9899011450,9911218741

Vijay Raj Mahajan (Advocate)     26 February 2018

The Gift of immovable property/Land can be through Gift Deed to be duly signed by the doner as donee, witnessed by two or more witnesses and registered by the sub-registrar of the district. The applicable stamp duty for the gift as applicable has to be paid. The child of 16 years is under the natural gaurdianship of the father and on behalf of the minor child the father can sign as donee in the Gift Deed no need to take the minor child in the sub-registrar office. The proof of the minor child and the father relationship through documentary evidence should be taken which can be the Aadahar Card of both or School certificate.

1 Like

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     27 February 2018

Gift Deed need to be written in favour of you or your Son or both Jointly.  It is always better to get the same drafted by an experienced Lawyer.  Such Gift Deed needs to be registered.  While Registering the Deed, proper Witnesses should sign the document.  Preferably, other relatives who may contest in future.  If there is no proper relationship with other relatives, it is better the Witnesses are reliable and close to you to avoid future complications.


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