• Gift of land from brother to sister

Can my brother gift land to his sister and what kind of 
Registration charges would be applicable on the same. Land is .75 acres in village Gwal Pahari Haryana.
Asked 7 years ago in Property Law
Religion: Hindu

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7 Answers

brother can gift his land to his sister

2) stamp duty and registration charges would be payable

3) stamp duty is state subject and varies from state to state

4) local lawyer can guide you as to the stamp duty and registration charges

Ajay Sethi
Advocate, Mumbai
97682 Answers
7906 Consultations

file application before magistrate to direct police to carry out further investigations

2) mention that police have not attached statements recorded nor recovered stolen goods

Ajay Sethi
Advocate, Mumbai
97682 Answers
7906 Consultations

1. if you brother has absolute right in the property he can make a gift on appropriate stamp paper in the presence of atleast two witness followed by signature of donor and donee.

2. agricultural land can be gift in blood relation on rs 500 stamp paper. no other stamp or government duty is required.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

What shud I do in this case to make my case stronger as police has not even recovered stolen goods? How I bring the perpetrators to justice?

you should file a protest petition before the concerned magistrate and challenge the charge sheet on the gound of

1. mala-fide intention of IO

2. deliberately leave material evidence.

3. IO has connivance with the accused.

4. biased investigation under section 161 crpc

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

if magistrate refuses to interfere in the charge sheet and rejects you protest petition. you should immediately file revision before the court of session. In Vasu chatterjee vs state of w.b. 2008 sc, the court has held that if charge sheet looks biased or inclined towards -accused, magistrate should order for re-investigation by another IO or any other independent agency depending upon the matter.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

There is no legal infirmity in a brother transferring his property to his sister by executing a registered gift deed.

The registration charges and the stamp duty involved in this may be enquired locally since the same differs from one state to another across the length and breadth of the country.

T Kalaiselvan
Advocate, Vellore
87882 Answers
2366 Consultations

Since you have lodged a complaint with the police it is their duty to initiate legal process for recovery etc.

If the police do not cooperate or take an effective step then you may approach the higher police officer of the district seeking his intervention and direction to the local police for taking proper actions as per provisions of law in this regard.

Even if this fails to fetch any fruitful result then you may approach magistrate court seeking direction to the local police to initiate proper action on your complaint before them and to book the culprits if necessary.

T Kalaiselvan
Advocate, Vellore
87882 Answers
2366 Consultations

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