• My mother wants to gift deed a property

My mother is having a 1440 sq feet land in Kolkata,West Bengal.
She wants to giftdeed the property to me.
I need Ur advice .
Asked 3 years ago in Property Law
Religion: Hindu

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30 Answers

Mother can execute gift deed of property in your favour

2) gift deed should be duly stamped and registered

Ajay Sethi
Advocate, Mumbai
79294 Answers
4742 Consultations

5.0 on 5.0

Under section 122 of the Transfer of Property Act, 1882, your mother can transfer the said property through a Gift Deed. The value of the Gift deed is same like a Sale Deed.The difference between the two is only that the gift deed allows transfer of ownership without any exchange of money.

The complete details of the said property should be given in the Gift deed like like a sale deed including the full details of your mother and yours and the reasons of transfer in your name.

You should know that registering a gift deed with the sub-registrar is mandatory as per section 17 of the Registration Act, 1908, and as per section 123 of the Transfer of Property Act. If you don’t do this, the transfer will be invalid.

Stamp duty and registration fee has to be paid to register a gift deed. Certain state governments offer some concession if the property is being gifted to blood relatives. In West Bengal, the stamp duty perhaps is 5% of the property’s market value in panchayat areas, and 6% of market value in municipal areas.

Better to take services of an expert/lawyer of your area for the same.

Mohammed Shahzad
Advocate, Delhi
5531 Answers
51 Consultations

5.0 on 5.0

Under section 122 of transfer of properties act,1882 gift deed can be made and it has to be registered with the sub registrar under provision of section 17 registration act and 123 TOPA,1882.

Stamp duty has to be paid to register gift deed.

In West Bengal stamp duty for same is 0.5% of market value if it is transfered to family member. So in ur case 0.5% will only be charged

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
111 Consultations

5.0 on 5.0

You can contact Mr Barman or Mr Ganguly

2) both are from Kolkata

3) they can draft gift deed and help in registration of gift deed

Ajay Sethi
Advocate, Mumbai
79294 Answers
4742 Consultations

5.0 on 5.0

You will find good lawyer on Kaanoon.com itself for your area. your mother have to visit just once for signing the documents and verification in sub registrars office.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
111 Consultations

5.0 on 5.0

1) how many siblings do you have?

2) we need to prepare gift deed and get registered in registrar office.

3) I will provide you details guide line.

Please do call me via consultation call.

Ganesh Kadam
Advocate, Pune
11668 Answers
109 Consultations

4.9 on 5.0

1. She shall have to register a gift deed transferring the title of the said flat in your favour.

2. Since the gift is from mother to her son, the stamp duty required to pay shall be only 1% of the present price of the said flat to be assessed by the office of the Registrar.

Krishna Kishore Ganguly
Advocate, Kolkata
24708 Answers
701 Consultations

5.0 on 5.0

1. Your lawyer shall first draft the gift deed to be registered by your mother.

2. Then you or your lawyer shall submit the said draft of the gift deed along with the query sheet, before the Registrar and after few days, the Registrar's office will approve the draft gift deed and inform in writing the amount you shall have to pay to the Registrar towards stamp duty and registration fee.

3. Thereafter you shall have to remit the said amount towards stamp duty and registration fee on line to the accounts maintained in any one of the 16 Banks.

4. On the final day, both you and your mother shall have to appear before the Registrar to register the said Gift Deed after which you shall become the title holder of the said property.

5. You shall have to pay the said stamp duty and registration fee directly to the Government in addition to the lawyers fee which is ordinarily 1.5% of the value of the property as accessed by the Registrar.

Krishna Kishore Ganguly
Advocate, Kolkata
24708 Answers
701 Consultations

5.0 on 5.0

Legal fees vary depending upon lawyer engaged by you

2) you can contact Mr Barman or Mr Ganguly

3) contact details you can obtain from the website

Ajay Sethi
Advocate, Mumbai
79294 Answers
4742 Consultations

5.0 on 5.0

Simple & easy process

Subhendu Ghosh
Advocate, Barrackpore
234 Answers

4.0 on 5.0

Gift Deed can be done where the Stamp Duty and Registration fees will be 1.6 percent of MV and I can help u in this regards.

Ayan Mitra
Advocate, Kolkata
7 Answers

5.0 on 5.0

1) I will provide you all details in reasonable fees.

Please call me via consultation call

Ganesh Kadam
Advocate, Pune
11668 Answers
109 Consultations

4.9 on 5.0

1. What is there to be scared of registering the gift deed in your favour?

2. The steps to be taken for completing the registration has already been enumerated in my earlier post.

3. Your mother shall have to go to the Registrar's office only once and in special case, registration can be be done at your house also which is termed as commissioning wherein the Sub-Registrar will come to your house against payment of extra amount to be fixed by them based on the distance of your house from the Registrar's office.

4. The amount to be spent by you will be the stamp duty which will be just 1% of the value of the property as assessed by the registrar and the registration fee to be directly paid to the Registrar. In addition to the said expenses you shall have to pay 1.5% of the value of the property assessed, to the lawyer for drafting the gift deed and completing the entire registration procedure.

5. Your registration can be done either at the Registrar's office at Alipore or at Registrar of Assurance's office at Dalhousie which is a regular matter for any lawyer.

Krishna Kishore Ganguly
Advocate, Kolkata
24708 Answers
701 Consultations

5.0 on 5.0

Well, if you wish you may take my service.

Devajyoti Barman
Advocate, Kolkata
21680 Answers
311 Consultations

5.0 on 5.0

You may go to Sub Registrar of sub division or Registrar at District Headquarters. Find a Deed/document writer and ask him to made gift deed. Deed/Documents writers will arrange for the registration with Sub Registrar. This has to be done after paying the stamp duty and registration charges as may be applicable in the state of West Bengal.

Parkash Chand Bhardwaj
Advocate, Hamirpur
120 Answers

4.8 on 5.0

you can take service of kaanoon also, in that event it may be cost efficient. you may contact with me without any fear.

Manish Paul
Advocate, Kolkata
287 Answers
2 Consultations

4.9 on 5.0

i am scared bcoz i do not know any lawyer in the city ;also i am scared as i do not know any tit bits of law - Don't get scared and if you get scared, you cannot achieve anything now and hereafter. Search online and speak to few lawyers before finalizing one.

Don't go with the cost alone as you will get peanuts.

Negotiate for a reasonable fee.

In our state, there will be typists near the SRO and they will have a format and an agent who will get the stamp paper printed, signed, witnessed and then take you to SRO to get the deed executed.

Go to the SRO where property is located and speak to someone, you will get an idea before hunting for lawyers.

Are you scared now?????????

Rajaganapathy Ganesan
Advocate, Chennai
1804 Answers
8 Consultations

4.9 on 5.0

Yes your mother can execute a will deedin your favour and transfer the ownership of the property to you. 

Shivendra Pratap Singh
Advocate, Lucknow
5125 Answers
78 Consultations

4.9 on 5.0

1. Your mother is free to execute a registered gift deed in your favour. On the execution of the gift deed the title in the property passes instantaneously to the donee whereupon the donor ceases to have any right, title or interest in the property.

2. Many Kolkata based lawyers such as Mr.KK Ganguly and Devajyoti Burman are on this portal. You may engage any one of them.

Ashish Davessar
Advocate, Jaipur
29956 Answers
864 Consultations

5.0 on 5.0

Your mother is required to go to the sub-registrar's office only once.

Ashish Davessar
Advocate, Jaipur
29956 Answers
864 Consultations

5.0 on 5.0

Contact a local lawyer to the draft a gift deed for you and get it duly stamped and registered.

Vibhanshu Srivastava
Advocate, New Delhi
9126 Answers
179 Consultations

5.0 on 5.0

Your mother will not need to go to the registrar office more than once.

Contact Adv. Devajyoti Barman who practices in Kolkata and is also registered on this portal.

Vibhanshu Srivastava
Advocate, New Delhi
9126 Answers
179 Consultations

5.0 on 5.0

Mr. Devajyoti will give the needful legal services to you for a reasonable fee.

Vibhanshu Srivastava
Advocate, New Delhi
9126 Answers
179 Consultations

5.0 on 5.0

Do not worry. I shall connect you to the concerned person. This is an easy task and shall be done

Anilesh Tewari
Advocate, New Delhi
17847 Answers
312 Consultations

5.0 on 5.0

Draft a gift deed including details of the property. Pay stamp duty and get the same registered.

Prashant Nayak
Advocate, Mumbai
22417 Answers
49 Consultations

4.4 on 5.0

My mother is having a 1440 sq feet land in Kolkata,West Bengal.

She wants to giftdeed the property to me.

If the property is on her name and she is having a proper marketable title by a registered deed, ther is no legal impediment in executing a registered settlement or gift deed in your favor.

T Kalaiselvan
Advocate, Vellore
69328 Answers
929 Consultations

5.0 on 5.0

i need a lawyer whose service i may take.i am scared bcoz i do not know any lawyer in the city ;also i am scared as i do not know any tit bits of law.;and how can i know the reasonable fees of the service.My mother is aged ,she cannot go to sub-registrar office more than once /tw

You do not have to depend on any lawyer for this purpose.

Just contact any document writer in the local.

He/she may guide you properly in this regard for a service charge as prescribed by the said document writer.

T Kalaiselvan
Advocate, Vellore
69328 Answers
929 Consultations

5.0 on 5.0

The land is of 2 cottahs.My grandma gifted it to My mother.My mother ,74 ,wants to gift it to me.The land is in KOLKATA MUNICIPAL CORPORATION area.i do not know any lawyer in my city.BUT this has to be done.My mother can go to Sub-registrar office for once /twice.i am scared as i do not know law.;also i do not know the cost of this service .plz help

You need not take the assistance of any lawyer fort this purpose.

You can contact any document writer and inform him your intention and purpose.

The fee for the purpose including the stamp duty will be informed by the said document writer.

T Kalaiselvan
Advocate, Vellore
69328 Answers
929 Consultations

5.0 on 5.0

1. "IF" the property is "self-acquired" by the mother THEN Execute a duly stamped and registered Gift Deed, in your favor, before the local Registrar of Sub-Assurances, by the mother.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5441 Answers
25 Consultations

5.0 on 5.0

Madam

As your mother wants to gift her landed property to you that is within the blood relation, so the stamp duty is 05% and registration fee is 1% and Advocate fees vary from 05-1%.

The essential of a valid gift is the free will of the donor to the Donee.

Thanks

Shiddhartha Banerjee
Advocate, Calcutta
42 Answers

5.0 on 5.0

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