• Can family members exchange gift of money with gift of share

We three of us, all citizen of USA, are legal heirs of our father's property in India. My parents have passed away in 2005 and since then it has been in our father's name. One of the siblings would like to transfer her share in exchange of money. Our attorney in India has advised to go through the "Gift Deed" process. Therefore, two of us will give our third sibling gift of money in two installments - the first one to coincide with her signing of the "Gift Deed" for her share. Once the "Gift Deed" gets approved, we will gift the third sibling gift of money and all of us have to travel to India to register the "Gift Deed" of the share of the property. Therefore, the agreement will require commitment for exchange of gifts, travel to India and completion of all paperwork. Is exchange of gift between family members legal?
Asked 7 years ago in Property Law
Religion: Hindu

First answer received in 30 minutes.

Lawyers are available now to answer your questions.

7 Answers

1. Please note transfer of immovable property can be made either by sale deed or by gift deed.

2. In gift deed there is no consideration of money and it must be made in consideration of love and affection only.

3. Gift deed is very much permissible among siblings or family members also.

4. For registration of gift deed all of you may not travel to India as you can execute and notarise a POA in favour of another sitting in USA in which basis the POA holder can do the formality on your behalf.

5. Don't mention exchange of any money in the gift deed.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

1. Gift deed is the ideal option in this scenario. It has to be mandatorily registered in the office of sub-registrar. There is nothing illegal in exchange of gifts between family members.

2. After the gift deed is executed the title of the property will instantaneously transfer to the donee. Thereafter, the donee should also apply for mutation before flying back.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Dear Concerned,

Yes the gifting property within the family is legal and one can gift his share to another through gift deed which would call for payment of Stamp Duty and registration charges.

Alternatively to save on the stamp duty and a valid document for transfer of property from one family member to another is a Relinquishment Deed where one surrenders his/ her share in favor of the another family member and this will have minimum charges for registration.

For a relinquishment deed or nay other way of transfer the person transferring the property has to be physically present.

Best of luck

Atulay Nehra
Advocate, Noida
1309 Answers
58 Consultations

5.0 on 5.0

on demise of your father you have one third share in property

2) since your sibling wants to transfer her share for money better sale deed be executed .

3) consideration amount can be mentioned in sale deed

4) sale deed should be duly stamped ands rgistered

5) gift deed can be executed wherein sibling transfers her share to you out of natural love and affection

6) in present case she wants her pound of flesh . so sale deed is advisable

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

It is rather advisable that your sister execute a registered release deed relinquishing her rights after receiving money in lieu of her share.

Gift deed is not a correct option.

You can mention the amount settled in the release deed.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

1. Gift deed is executed out of love and affection and not in exchange of anything or a counter gift in the form of money.

2. If counter gift is the term of the gift deed to be executed, then it will be considered as sale deed and not a gift deed.

3. Hence, the agreement for registering a gift deed in exchange of registering a counter gift deed will be treated as illegal and invalid.

4. You can make a sale deed for the said properties by paying the required stamp duty.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

Dear ...

it is correct that agreement between both the party when both physically appear... its ver easy....simple and palin method..to take the share of the property..in the shape of ..gift..

Best Regards

Mob-No-[deleted]

Feroz Shaikh
Advocate, Navi Mumbai
407 Answers
58 Consultations

4.4 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer