• Can a mother sell flat which is in the name of her 4 year old child

My mother inlaw is transferring a property in mumbai in my name -
Have 2 queries

1. If its transferred in my name as gift deed than will it attract stamp duty and registration and if so is there any other way where we dont have to spend too mch money.

2. As per the law if its transferred from my mother inpaw to my 4 year old child.....than fees is only 500 rs.......bu in this case can i sell the flat as per my wish...or do i have to wait to sell it offf till my child is 18 years.

Please help.....
Asked 7 years ago in Property Law
Religion: Other

4 answers received in 2 hours.

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11 Answers

1)mother in law can execute gift deed in your favour but you have to pay stamp duty and registration charges

2) she can execute gift deed in favour of her son it would attract nominal stamp duty

3) she can execute gift deed in favour of grand son

4) but for sale of property you would need court consent as grandson is a minor

Ajay Sethi
Advocate, Mumbai
96808 Answers
7811 Consultations

property gifted by mother in law to daughter in law then stamp duty would be 5 per cent of value of property

Ajay Sethi
Advocate, Mumbai
96808 Answers
7811 Consultations

Hello,

The property can be transferred to the grandson by means of a gift deed, but the same can not be sold right away without the consent of the court since grandson happens to be a minor. however, Mother in law can give the property to you by means of the gift deed for which the stamp duty will have to be paid by you.

Anilesh Tewari
Advocate, New Delhi
18090 Answers
377 Consultations

On your name means you are the son in law, if the mother in law transfers the property to son in law then a nominal stamp duty of 5% will be there.

Regards

Anilesh Tewari
Advocate, New Delhi
18090 Answers
377 Consultations

1. Yes, if this property is transferred in your name, it will attract stamp duty and registration fee.

2. The stamp duty in any case is very nominal. Check with a local lawyer to know the exact figure.

3. Minor's property cannot be sold by you without obtaining the consent of court.

Vibhanshu Srivastava
Advocate, Lucknow
9659 Answers
307 Consultations

Dear Client,

Your in laws can WILL the property in your favor (but it will effective only after their death) buy what if they changed their mind when alive ......

You cannot sell the property in the name of your child as in this case ur a guardian and can sell property only for the benefit of the child that only by the permission of court .

Yogendra Singh Rajawat
Advocate, Jaipur
22989 Answers
31 Consultations

Firstly, any transfer of immovable property like land and building must be sufficiently stamped and registered. whether it is a gift -deed or sale-deed. even if it is transferred in the name of your son.

Secondly if there is any property in the name of minor (below 18 years), such property can be sold only with prior permission of Court of Wards. Even before attaining his 18 years of age of majority.

Mayank Srivastava
Advocate, Allahabad
61 Answers
18 Consultations

Hi, the property can be gifted to your wife as it is valid only on direct blood relation .. Your wife further can make a gift deed to you or in the name of the child .. The property can be sold of, by filing an application before court under legal guardian act , as a legal guardian of the minor child

Hemant Chaudhary
Advocate, Gurgaon
4630 Answers
67 Consultations

i don't know whether you are male or female if you are male, what is the problem that your mother in law will gift the property in favour of her daughter. then also you will get benefit of less stamp duty.

it is right that if the property is in the name of your minor child you will not be able to sell the property as per your wish and as and when your child will attain majority, it will be his/her wish to sell the property not yours.

Manish Paul
Advocate, Kolkata
287 Answers
2 Consultations

for transfer of immovable property in Maharashtra, there is no stamp duty payable if the transfer of property by gift deed is within the blood relationship.

If the property is on the name of minor child then a permission from court to sel the property in the minor interest to be obtained

T Kalaiselvan
Advocate, Vellore
87008 Answers
2335 Consultations

The stamp duty calculation can be had from ready reckon-er or from a local document writer or from the registrars office, since the rate of stamp duty differs from one state to another.

T Kalaiselvan
Advocate, Vellore
87008 Answers
2335 Consultations

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