San D (HR) 06 December 2022

Gifting property to uncle?

Mother wanted to give a part of her property (self earnt) to her younger brother when she was alive.

Mother is dead for some time now. There is no will for this property. Property is now transferred in the daughters name.

Daughter knows that the property should be going to her uncle (mother's brother) and is ready to give it away to her uncle.

How can this transfer be done? Can it be gifted as a gift to a family member (uncle)?

Please guide.

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4 Replies

kavksatyanarayana (subregistrar/supdt.(retired)) 06 December 2022

Yes. The daughters and other legal heirs if any shall execute a Gift deed in favour of the uncle. Uncle will not come under the family definition for stamp duty purposes.

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San D (HR) 06 December 2022

Originally posted by : kavksatyanarayana

Yes. The daughters and other legal heirs if any shall execute a Gift deed in favour of the uncle. Uncle will not come under the family definition for stamp duty purposes.

Thank you for replying. So this stamp duty will be a small percentage of the property value (instead of a flat ₹500-1000 fee) which varies state to state (5% of property value in Karnataka as per some online article). Am I right?

Also some articles say immovable property cannot be gifted to non-familt members. This is where it becomes confusing :(

Can you please shed more light on how to get this done in Karnataka?

Thanks.

Advocate Bhartesh goyal (advocate) 07 December 2022

Absolute owner of property can gift/sale/bequeath or transfer the propefty to anyone as pet his wish.there is no any restriction or bar that property can't be gift to other than family members.

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