• Gift deed

Can i execute gift deed in favour of my wife/son, property being allocated by government through urban land ceiling. there are no registered link documents.
Asked 4 years ago in Property Law
Religion: Hindu

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17 Answers

What are terms of allotment?

Is there clause that you cannot create third party rights on the property?

If so you cannot execute gift deed in favour of wife /son

Ajay Sethi
Advocate, Mumbai
87915 Answers
6207 Consultations

5.0 on 5.0

1. Gift Deed can be executed PROVIDED proper NOC is taken from the relevant Govt. dept.

2. The Govt. Allotment letter for the Property MUST be annexed to the Gift Deed.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

Hello

Yes a gift deed can be executed by you in favour of your wife or son as if certain persons are gifted property the same is exempted from tax and other things. As far as urban land ceiling is concerned the act should not have any such provision prohibiting transfer in order to evade the provisions of the act. Kindly refer the state to which you belong.....

Regards

Rahul Mishra
Advocate, Lucknow
13757 Answers
65 Consultations

5.0 on 5.0

1) If land is alloted by government on your name than you have to check all allotment clause and rules n regulations that a allotee can sell, mortgage, gift etc after how many years and purpose of allotment of government to you.

2) If the land is not registered on your name than how you can make a gift deed. Better to ask government that transfer land on your wife's or sons name instead of you.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

If there is no clause restraining creation of third party rights you can execute gift deed in favour of wife/son

Ajay Sethi
Advocate, Mumbai
87915 Answers
6207 Consultations

5.0 on 5.0

1. Property alloted by Govt., are under specific purposes and you cannot Transfer Title-Ownership with the Govt. NOC, which has to go on Govt. Record.

2. Presumably you would be required to pay govt. defined premium amount, for the said Transfer on Govt. records.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

This is my response to you:

1. If the property is in your name then you may chose to dispose it of as you may like;

2. Ask the government revenue department if you can transfer without permission;

3. Mostly you should not face any difficulty since it remains within the family.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

Sir if the allotment terms of such allotment government says that the land cannot be transferred then in that scenario it cannot be otherwise with proper NOC from relevant department such land can be GIFTED.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Sir what are terms of the GO and allotment need to be perused further if amount is paid in lieu of allotment then in that case same can be GIFTED.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Can i execute gift deed in favour of my wife/son, property being allocated by government through urban land ceiling. there are no registered link documents.

Dear sir

You may execute the gift deed if you have the title over the land that has been allotted to you.

In absence of the same you can not further transfer the land.

regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

First get the title of the land on your name and then only you may transfer the same by means of a gift deed.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

yes you can execute gift deed

mention the ownership certificate or other documents granted or issued to you by the government under the ULC Act

Yusuf Rampurawala
Advocate, Mumbai
6880 Answers
79 Consultations

5.0 on 5.0

If you can associate your ownership with this land, you are free to execute a gift deed passing on this land to your wife/son.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

1) You can gift property only when it's on your name. Otherwise you have to follow government order and clause mentioned in it.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

Once the property title vests on you there's no legal impediment to transfer the same by a registered gift deed in their favor.

You ensure the title on your name before planning to transfer the same on their names.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

Do you have the allotment letter issued by the authorities in your favor.

If not obtain that and insist to get the property registered on your name first and then get it transferred to persons of your choice.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

This is in the nature of your self acquired property, so you are free to execute a gift deed of it in favour of anyone you desire unless there is a clause in the conveyance deed itself which bars a transfer.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

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