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anil kumar garg (Director)     05 May 2013

Property gift to son

one flat was purchased in aug 2008 in the name of son (a) and mother (b).Son paid Rs 10 lakhs and mother paid Rs 36 lakhs for a toatal cost of Rs 46 lacs..In 2009 son was paid Rs 10 lacs by mother and since then mother is showing the flat in her name in income tax returns and also the rent income.

Flat was originally registered in the name of son and mother in the sale deed and society too.


Now mother want to give flat to the son as a gift .As the flat is standing in the name of son and mother and would continue to be like that .

1. Can she draw a gift deed for the purpose.

2. What would be the stamp duty for the gift deed .(property is in Mumbai and is in a co op society)

3.As the flat would continue to be in both names of son and mother ,is it necessary to inform society .

4. whether any gift tax is to be paid.

Thanks and regards.


 4 Replies

ramgopalpadala (Document Writer)     05 May 2013

Hi Anil Kumar, surely, mother can execute gift deed (her 1/2 share) infavour of her son.


Rams Padala

Hemang (Advocate)     25 May 2013

She has a right to manage her portion of the property. She can execute a gift deed. Get it registered. Stamp duty would be approximately 6 per cent. I am not sure. Verify it properly.

thinagar (M.D)     06 June 2013

although he received 10 lakhs from his mother according to document he has its own share. so mother can do a gift deed in favour of his regarding her share only

U.S.SANJEEVA MURTHY (senior partner)     20 February 2015

Pl. clarify whether mother wants to execute gift deed in favour of another son or the son who shared the money to purchase the flat jointly.   

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