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kishore kumar   16 May 2022

mother in law 's name in property

hello Sir,
due to some reason,I have purchased a flat in the name of my mother in law thru power of attorney by mother to daughter (my wife )to buy ,sell rights etc.

later my problem solved, now pl advice :
1. how to get said flat in my name? can mother in law gift it to son in law (me)
i think gift will attract almost equal tax to registration expense.
2. with same POA can my wife transfer flat on my name?
3. "Haq Tyag" deed will do in this ?

4. if mother gift this flat to daughter,will this attract gift tax on it?
I want to avoid extra cost because I have already paid heavy registration charges at the time of purchase of this flat.
pl suggest a legal and money saving way.


 5 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     16 May 2022

Yes,mother in law can gift her self acquired property to any one as per her wish. Even from income tax angle, there will be no problem in such a gift from mother in law to daughter in law

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     16 May 2022

If the POA given to your wife is still valid, she can use it to transfer the flat to you. But there will be stamp duty.

kishore kumar   16 May 2022

Thank you very much for valuable information, pl let me know ,can mother in law gift her property to son in law,if yes,will it attract stamp duty or gift tax?

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     22 May 2022

There will be stamp duty.

kishore kumar   23 May 2022

thanks a lot .

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