• Gift deed procedure

My father aged 82 years wants to gift his flat to my name. Im the yougest. I have 1 elder brother settled in Usa and citizenship of Usa, 2 elder sisters married in the 1991 and 1993 resp and in mumbai. Im the yougest.
Tell me the step by step procedure. My.dad so old cant move so i.want to make all ready in properway , take spot of sub registrar.. and take him along on that day only 
We are also looking for.power of.attonery or will?
Asked 7 years ago in Property Law
Religion: Hindu

2 answers received in 10 minutes.

Lawyers are available now to answer your questions.

12 Answers

Sir engage an advocate get gift deed drafted first, purchase stamp duty for gift deed. 

Further then book an time slot at sub registrar office at prescribed time you can take father along two witness there. His photo and thumb impression will be taken and document will be registered.

 

Further POA is not required of father can move to sub regostrar office .

Alternate of gift deed can be will your father can also register a will in your favour following same.procedure.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

1) your father can execute gift deed in your favour 

 

2) gift deed should be stamped and registered

 

3) enclose doctor certificate that father is mentally fit 

 

4)  apply to society to transfer flat in your name 

 

5) no transfer charges of society are leviable as it is gift within family 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

1. your father can make the gift deed in your favour without having to take consent of your siblings

 

2. as long as he is alive and owner of the property, he can do whatever he wishes with his property

 

3. you can have a gift deed prepared through a competent lawyer

 

4. currently the stamp duty for gift by father to son is only Rs. 200/- (though 500/- is mostly paid)

 

5. the gift deed has to be registered with the Sub-Registrar. The registration charges are also nominal

 

6. your father can sign the gift deed at your house only in front of 2 witnesses 

 

7. the gift deed can then be registered by you with the registration office using a special power of attorney of your father

 

8. the special power of attorney will contain the power to complete all the registration formalities of gift deed on behalf of your father

 

9. this power of attorney has to be stamped for Rs. 500/- and can be signed before a notary public

 

10. if your father is not able to travel to the notary's office then you can request the notary to visit your house for an agreed fee which the notary will charge you for personal home visit

 

11. using this POA you can then present the signed gift deed to the registrar who will then register it

 

12. the charges for the above procedure would include:

 

drafting charges for gift deed of lawyer

drafting charges for special power of attorney of lawyer

stamp duty on gift deed and special POA

notarial fee for POA

Registration fee for gift deed

clerkage charged by registration agent

legal consultation fee of lawyer

 

13. i advise you to go for the gift deed rather than a Will because proving the Will after demise of your father will be a very expensive procedure

 

14. also a power of attorney of your father will be valid only till the time your father is alive

 

15. so gift deed is best option to settle the property in the lifetime of the owner itself so that there are no future disputes between legal heirs

Yusuf Rampurawala
Advocate, Mumbai
7899 Answers
79 Consultations

Involve a local advocate to draft a gift deed for you.

There's no legal impediment in the transfer of this property  to you under a gift deed.

Once the deed is drafted, it will have to be duly registeredin the office of the concerned sub registerar upon payment not requisite stamp duty and registration fee. 

Both you and your father need to ensure your availability before the Registrar, along with two witnesses.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

1) You better go for gift deed and get registered soon with registrar and ask sub-registrar from your area when he can make appointment of your gift deed registered as your father's health conditions is not so good.

 

2) Or tbe best option is you purchase property from your father.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

power of attorney holder can execute the gift deed on behalf of the owner.. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Dear Client,

Gift deed will execute. If your father unable to move , you can apply at sub registrar office, he will visit at home and will register it. 2 attesting witness. Stamp duty payable. Or get it drafted on green pie paper or stamp attested by 2 witnesses and father signature on every page and present at sub registrar office. Single day thing.

WILL is also good option, effective after his death,  registration not compulsory but 2 witnesses.

PoA is waste. 

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

You have to find out a local liar who can make your gift deed and your father will have to sign along with the witnesses and the same can be registered with the registrar.

As per the gift condition the property will be transferred to you and mutated on the date which is effective as per the gift deed.

You may get help from any advocate in this regard.

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

Hello,

 

A gift deed is required to be drafted and registered in the sub registrar office. 

Get in touch with a local lawyer who may help you in the registration process. 

Usually the same takes place on the same day itself. 

Regards 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Will can be executed. It will save your Stamp duty and registration but the will comes into picture only after the death. Gift deed can be executed the same has to be registered and stamped. All other legal heirs should relinquish their rights in Property.

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

Dont go for POA or Will.

It is better you get the property transferred to your name by executing a registered settlement deed by your father in your favor.

The registrar will visit your house to get the deed registered by your father for necessary formalities in this regard.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

This is my response to you:

1. Execute a Will and register it;

2. Or your father can execute a gift deed. But the stamp duty is 3% and therefore not feasible;

3. For the time being execute an POA and register the same. The same will also invite stamp duty;

4. Consult a local lawyer, with full property details and then take legal steps.

Gowaal Padavi
Advocate, Mumbai
1919 Answers
5 Consultations

Ask a Lawyer

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