Results for #gift
Legal
#gift#documents#ownership#proof#property
My grand father had a plot, which he received as a gift and also has all the related documents required for ownership proof. How can we get this property as we aren't able to go to the location and what all documents do we require?
My grand father had a plot, which he received as a gift and also has all the related documents required for ownership proof. How can we get this property as we aren't able to go to the location and what all documents do we require?
| 
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
The question is vague, if you have the title documents and do not have physical possession of the property and the same is with someone else, then you will have to file a civil suit for possession of the property on the basis of your title documents.
Legal
#property#gift
How can a property be given away under a gift deed if the partitioning is not done among all the claimants?
How can a property be given away under a gift deed if the partitioning is not done among all the claimants?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
Undivided interest in the property can be gifted, subject however that the same is not a residential house and is not given to a person who is not a family member.
Taxes & Duties
#gift#flat#legal#implications
If I want to gift my flat to my daughter, what are the legal implications regarding: 1. Title and how is this established, 2. Is gift tax leviable and when?
If I want to gift my flat to my daughter, what are the legal implications regarding: 1. Title and how is this established, 2. Is gift tax leviable and when?
Answered on November 08, 2017
According to Section 56(2) of the Income Tax Act, the gift of flat received by your daughter shall be exempt, as it is a gift received from relative. On registering the gift deed the stamp duty and registration fees needs to be paid. There will be no gift tax on the said transaction.
Legal
#gift#ancestral#property
I have four sisters that are married. They made gift deed for our ancestral property among themselves without informing me about any of it. How can I claim my share in this situation?
I have four sisters that are married. They made gift deed for our ancestral property among themselves without informing me about any of it. How can I claim my share in this situation?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
Yes, you can challenge the gift deed and also file a suit for partition to claim your share in the property and if the Gift Deed affects your share in the ancestral property.
Legal
#money#gift#property#heirs
I want to know if I can receive money from my daughters in the form of a gift deed if I fall short of the money required to buy the property. I will be stating my daughters as the legal heirs to this property as I don't have a son.
I want to know if I can receive money from my daughters in the form of a gift deed if I fall short of the money required to buy the property. I will be stating my daughters as the legal heirs to this property as I don't have a son.
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
There is no bar on receiving money from your daughter under a Gift Deed.
Legal
#property#flat#transfer#gift
I live in New Zealand and I own a property in Mira Road, India. I had bought that flat 13 years back and now I want to transfer the rights of that flat to my sister as a gift. However, I will be unable to visit India in near future so I want your advise on what paperwork do I need to do in order to transfer the property in my sister's name?
I live in New Zealand and I own a property in Mira Road, India. I had bought that flat 13 years back and now I want to transfer the rights of that flat to my sister as a gift. However, I will be unable to visit India in near future so I want your advise on what paperwork do I need to do in order to transfer the property in my sister's name?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
You can execute a power of attorney in favour of any of your family member to execute and register such gift deed. The power of attorney can be executed by you before the Indian Embassy in New Zeland and thereafter forwarded to India to pay stamp duty thereon post adjudication.
Legal
#gift#property#charges#registration#registrar
I want to know a few details regarding the gift of a property from my elder brother to my young brother: 1. can this be done legally? 2. if yes, what are the charges to be borne for the stamp duty and the registration? 3. What would be the fees for the lawyer who would do this gift deed? 4. What are the charges of the sub registrar?
I want to know a few details regarding the gift of a property from my elder brother to my young brother: 1. can this be done legally? 2. if yes, what are the charges to be borne for the stamp duty and the registration? 3. What would be the fees for the lawyer who would do this gift deed? 4. What are the charges of the sub registrar?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
Gift deed between blood relatives is permissible. Stamp duty on a Gift Deed between brother to brother would be 2% of the market value of the property and further 1% or Rs.30,000 whichever is lower as registration fees. The fees of the Advocate would depend from Advocate to Advocate and the other charges of the Sub-registrar would include scanning fees, etc., which will depend on the number of ...
(View more)
Legal
#gifted#registered#gift#property
A year ago, my mother gifted me the house we live in and we have registered that house under gift. I wanted to know if my siblings can claim for any right in the property after my mother's demise.
A year ago, my mother gifted me the house we live in and we have registered that house under gift. I wanted to know if my siblings can claim for any right in the property after my mother's demise.
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
Once the Gift Deed is registered and if the flat in question was acquired by your father from his self earned, income, then your sibblings would not be entitled to claim any share in the property.
Legal
#gift#property#owner
How does one gift a property to one's wife and son? Can this be done even if the wife is already a joint owner of the property?
How does one gift a property to one's wife and son? Can this be done even if the wife is already a joint owner of the property?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
Yes, you could always gift your share in the property to your wife and son and it makes no difference if the wife is already a joint owner. The same can be done by executing and registering a gift deed in favour of the wife and son.
Legal
#nri#gifted#flat#delhi#registered
I am an NRI. My wife was gifted a flat in South Delhi by our in-laws during our wedding. This flat although is registered in my mother in laws name. Now I wish to transfer it to my wife's name with a goal of renting it and earning some money out of it. How can I get it transferred?
I am an NRI. My wife was gifted a flat in South Delhi by our in-laws during our wedding. This flat although is registered in my mother in laws name. Now I wish to transfer it to my wife's name with a goal of renting it and earning some money out of it. How can I get it transferred?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
Your mother in law can gift the same to your wife by way of a Gift Deed which will attract minimum stamp duty.
