Intellectual Property Rights: Practice and Drafting by Adv Gautam Matani. Register Now!
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Sushant Singh (Private Service)     11 October 2009

Procedure to gift property to sister

Dear Sir, I am going through immense mental trauma due to constant pressurization from my in-laws for property registered in my name. They are constantly demanding / harrasing me to transfer property to my wifes name. I find this as an unreasoable demand. In order to stop this harrasment I have decided to gift this property (flat) to my sister or any of my immediate relative. I am an NRI, so I am entitled to gift the property (flat). My question, dear Sir is :

1. Do I have to re-register this property again.

2. Since I am not selling this but gifting this to my sister, do I need to go and re-register the property in her name.

3. Can this property just be transffered, by making society agrrement or transffering share certificates in new owners name.  

Its important to mention that this property is a flat in a reputed society.

So what is the best way to go about my problem ?



 7 Replies

adv. rajeev ( rajoo ) (practicing advocate)     11 October 2009

Just u gift the property to ur sister thru., regd., gift deed.  If the gift is made to blood relatives there is minimum charge for registration( in karnataka) I think it is also same in your state.  After gifting the property then u give a letter to society to tranfer the share certificate in ur sisiter's name.

1 Like

Sushant Singh (Private Service)     11 October 2009

Thanks Rajeev

Sushant Singh (Private Service)     11 October 2009

Rajeev, you mentioned gift deed. Is this like a notorized deed on stam paper, attested ? & do we have to go to the property registration office and re-register. I intend to transfer flat to my sister.

adv. rajeev ( rajoo ) (practicing advocate)     11 October 2009

You have to get regd., the deed at sub registar office only

adv. rajeev ( rajoo ) (practicing advocate)     11 October 2009

You have to get regd., the gift deed in the sub registrar office, who is authroised to regsiter the doucment of properties.

There is no stamp papers are avaialbe. So you will to pay the stamp duty thru., challan in the bank, you will have to deposit the amount in bank .  Then you will have to produce the same challan to the sub registrar, then he will regd., the document.

Dont go for notraized gift deed it is invalid.

Suchitra. S (Advocate)     11 October 2009

Alex, I agree with Mr. Rajeev. A gift deed has to be registed in the subregistrrar's office only.



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