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ANTHONY D'SILVA (MANAGER)     05 September 2018

Gift of flat

Sirs,. Me and my wife are joint owners of a flat at Mumbai (Andheri).. Kindly let me know the procedure to be followed in case we wish to gift flat to our son ( 22yrs age and Student ). And, if Any registration etc. required and amt. of Stamp duty pls. Thank you, Anthony


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 4 Replies

Kumar Doab (FIN)     07 September 2018

The gift of immovable property should be registered.

The state govt might have provided relaxation/waiver if stamp duty/charges/fee etc in case of Gift amongst blood relation/relatives…….and total charges may be negligible..

Gift is complete the moment IT is made by donor and accepted by done.

 

Thereafter the O/o Authority under whose jurisdiction falt falls e.g. society (if flat is in society) can transfer the falt in the name of your son. You may go thru society bye laws framed in accordance with Model Bye Laws/enactments/Act-Rules as applicable in the state..and relate for charges quoted by society.

Kumar Doab (FIN)     07 September 2018

MODEL BYE – LAWS OF COOPERATIVE HOUSING SOCIETY

THE MAHARASHTRA CO-OPERATIVE SOCIETIES ACT, 1960 (Maharashtra Act No XXIV of 1961)

Maharashtra Cooperative Societies Rules. 1961

I have posted the weblink/rules in another thread at;

Home / Experts / Corporate Law

“Transfer of society shares on nominee”

Kumar Doab (FIN)     07 September 2018

The society can appraise you of charges if any.

In case of variance you can also confirm from O/o Registrar of societies..that might have also placed on IT’s website.

 

Check at LOCAL SRO for stamp duty/charges/fee, and society office for charges/fee etc..

Any senior and honest deedwriter can draft the deed for you.

You can also take help of elders of your family, competent and experienced well wishers, seasoned PIP’s, helpgroups, community leaders, and find a very able LOCAL counsel of unshakable repute and integrity specializing in concerned field of law e.g; reveneu/society/Civil matters as in your case, and well versed with LOCAL applicable rules/personal laws, precedence, latest judgments etc …. and worth his/her salt, and your counsel can advise you after examining all docs, evidences on record ..

There are such very able counsels at each location.

Check for such counsels at LOCAL O/o Tehsildar/civil courts, HC, SC…

 

Your own counsel may opine to keep the gift deed conditional, so as to mind your long term interest till you and your spouse are alive ……

Or suggest settlement deed with life rights… and even draft IT and keep narration/recital in any deed preferred by you so as to mind your long term interest…

While WILL is another option BUT mind IT that IT is mandatory to probate the WILL in areas of Bombay, Calcutta, Madras..and this has IT’s own hazarads/cost/time frame..

You may keep your son (as in query) as sole Nominee in society records…in addition to Gift/settlement deed, WILL etc ..

Kumar Doab (FIN)     07 September 2018

You may also go thru;

Maintenance and Welfare of Senior Citizens (MWPSC) Act, 2007

And rules framed under this Act in your state..

 

And similar queries on similar subject that you can search in SEARCH option in threads, Articles, Files etc

e.g; Article under my profile;

“Now, Property Transfer Deed by Senior Citizen Parent to negligent children can be revoked even if there is NO recital of Welfare Clause in the Transfer deed!”


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