Prabha (none) 20 October 2011

My dad wants to gift a land to my husband

Hi All,

Myself and my husband are working in USA. We wished to buy a land in our home in Tamilnadu. Since getting POA and sending them through mail took a long time we decided to buy the land in my father's name and later we decide to get the land as gift from my father. Is this possible?

If possible i would like to know whether my father can gift the land to my husband (ie his son-in-law, non blood relation) . Or can my father gift it together to me and my husband.

Please let me know the legal complexities involved in registering the land in my father's name and getting it as a gift from my father in my husband's name.

Because I have to decide this and register the land based on your suggestins my next week.

Thanks,

Prabha

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10 Replies

kumar t v s (advocate) 20 October 2011

There are no legal complexities, your father can gift the property to your husband through a registered gift deed.

A regd gift deed can also be if favour of your joint names.

Goahead and get the gift deed registered.

Prabha (none) 21 October 2011

Thanks for your reply. I would like to know whether if the property is gifted my dad will be levied with property tax?

vijay tangade (directorq) 21 October 2011

You take advice of any chartarted accounts in the matter of capital gain of indina income tax act there is capital gain and tax will leavible of 20% on gain

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 21 October 2011

Dear Prabha

i amagree with both above opinion

sheela subbarao (Advocate) 21 October 2011

Prabha,

As a matter of fact, your father cannot gift as within the family because son son-in-law is not considered family. "Family member means family in relation to the donor for this purpose means husband, wife, son, daughter, daughter-in-law and grand children ". The document can be styled as Gift but the stamp duty in need pay as in case of sale/purchase of the property. In my opinion it is not possible. Rather the Gift can be from your father to you.

K. GOPALAKRISHNAN (ADVOCATE) 21 October 2011

Ma'am,

Take the advice given by Sheela Subba Rao, Advocate. Apart from this, there is a disadvantage in registering the property in your father's. As a matter of fact, supposing you father is "unavaiable" to gift the property to you. Then the property will devolve upon the legal heirs of your father, i.e., you, your mother and you brothers or sisters, in that case, the thing would become more serious and cumbersome. Hence It is advised to take print out of General Power of Attorney in a plain duly signed by you appointing you father or any one of your relative who is younger and get the attestion from the Indian Embassy / Consulate General or an advocate in USA, sent it across to India and get the same adjudicated in the Registrar Office and proceed for acquiring the property.