• Gift Deed Amonst Family Members

A daughter wants to gift an immovable property to her mother. Can she gift to her directly or does she have to gift it to another family member before that.
Asked 12 days ago in Family Law from Bangalore, Karnataka
Religion: Hindu

Daughter can execute gift deed directly 

 

2) it should be duly stamped and registered 

 

3) she does not have to gift it to another family member first 

Ajay Sethi
Advocate, Mumbai
68048 Answers
4107 Consultations

5.0 on 5.0

1. A daughter can gift an immovable property to her mother directly.

2. A daughter can execute a registered Gift Deed in favour of her mother and the mother has to accept the gift, during the lifetime of the Donor.

3. A Gift Deed executed between blood relatives attract a nominal stamp duty in the State of Karnataka.

Shashidhar S. Sastry
Advocate, Bangalore
2171 Answers
149 Consultations

5.0 on 5.0

if the daughter is the absolute owner of the property than she may gifted the same to her mother or any other person as per her choice and there is no requirement for other family members.

it should be better to registered the Gift Deed 

Feel Free to call

Nadeem Qureshi
Advocate, New Delhi
5359 Answers
259 Consultations

4.9 on 5.0

She can directly gift property to her mother vide registered gift deed , the stamp duty and registration on gift deed has tk be paid and deed need to be registered before sub-registrar office.

Shubham Jhajharia
Advocate, Ahmedabad
20172 Answers
80 Consultations

5.0 on 5.0

1.  Daughter can execute a Stamp duty paid and registered Gift Deed, of her own self-acquired immovable properties in favor of Mother, without any reference to anybody /relations /family member or whosoever.  This is perfectly legal.

2.  Gift Deed (executed during your life time) shall remain irrevocable and legally conclusive for all futuristic legal purposes such as Sale /Transfer /Gift /Donate /Mortgage /whatever....

 

Hemant Agarwal
Advocate, Mumbai
2574 Answers
16 Consultations

5.0 on 5.0

She can gift it directly through a registered gift deed

Prashant Nayak
Advocate, Mumbai
13722 Answers
23 Consultations

4.6 on 5.0

Nothing like that, it will be direct transfer in favor of mother by way of registered gift.

Yogendra Singh Rajawat
Advocate, Jaipur
13933 Answers
18 Consultations

4.6 on 5.0

If it is her property (self acquired) she can do so directly.

 She need not involve any other person of the family.

 

S Srinivasa Prasad
Advocate, Hyderabad
885 Answers
6 Consultations

5.0 on 5.0

She can give the same directly to her. Their is no legal impediment in doing the same. 

 

Regards 

Anilesh Tewari
Advocate, New Delhi
17180 Answers
265 Consultations

5.0 on 5.0

It can be done directly

Yusuf Rampurawala
Advocate, Mumbai
4578 Answers
28 Consultations

5.0 on 5.0

She can directly gift it to her. The gift is irrevocable.

Regards 

Rahul Mishra
Advocate, Lucknow
4718 Answers
11 Consultations

5.0 on 5.0

She can directly gift it to her mother.

Kishan Dutt Kalaskar
Advocate, Bangalore
4580 Answers
125 Consultations

5.0 on 5.0

A. If daughter is having absolute ownership over the property, she can execute a Gift Deed in favour of her mother directly. 

2. Hence, no any other process is required in the eyes of law in this regard. Gift deed must be registered before the Sub Registrar office with sufficient stam duty and registration charges.

3. It would be great if execution of Gift Deed is unconditional and with out consideration.

B.T. Ravi
Advocate, Bangalore
884 Answers
82 Consultations

5.0 on 5.0

She can make gift deed agreement on mother's name and registered it with registrar. Kindly check registration and stamp duty charges for particular property area sub registrar office.

Ganesh Kadam
Advocate, Pune
7969 Answers
68 Consultations

4.9 on 5.0

If the daughter is a major, and it is her self acquired property, which is her exclusive property then she can directly gift the same in favour of her mother. Fixed stamp duty and reg fee only is liable to be paid in this case.

The daughter need not first transfer it to some other family member before gifting it to her mother.

Kiran N. Murthy
Advocate, Bangalore
1182 Answers
168 Consultations

5.0 on 5.0

daughter can execute gift deed directly but it should be duly stamped and registered 

 

 

Mohammed Mujeeb
Advocate, Hyderabad
10972 Answers
4 Consultations

4.5 on 5.0

If she is owner of the property then she can gift the property directly to her mother if she wants to. 

No need to transfer the property to any other family members before mother. 

Mohit Kapoor
Advocate, Rohtak
4213 Answers
1 Consultation

5.0 on 5.0

1. She can directly execute the gift deed in favour of her mother. No law mandates that she should first gift it to another family members.

2. Gift deed must be registered mandatorily.

Ashish Davessar
Advocate, Jaipur
26507 Answers
791 Consultations

5.0 on 5.0

- Under section 122 of the Transfer of Property Act , Gift defines as the transfer of certain existing moveable and immoveable property made voluntarily, without any consideration, by a donor to a donee.

- The ownership of the property should be transferred by the donor and accepted by the donee.

- It is a good way to help parents , and also it is a safer way for property transaction. 

- Yes, she can direct gift the said property to her mother .

- Since, she wanted to gift the property to her mother, then /blood relative, the stamp duty will be lower  , around one-two per cent of the property value , but differ from state to state.

 

Good luck and dont forget to rating Positively.

Mohammed Shahzad
Advocate, Delhi
766 Answers
18 Consultations

5.0 on 5.0

If the daughter is having clear and marketable title to the property which she would like to transfer to her mother by executing a registered gift deed, she can very well proceed with her proposal directly.

 

T Kalaiselvan
Advocate, Vellore
57736 Answers
729 Consultations

5.0 on 5.0

Dear Madam,

Yes, you can gift the immovable property to your mother.

However, 2.5 per cent of the property value has to be paid as stamp duty in case the property is being transferred in the name of father, mother, son, sister, daughter-in-law, grandson or daughter as a gift.

Netravathi Kalaskar
Advocate, Bengaluru
3516 Answers
17 Consultations

5.0 on 5.0

Ask a Lawyer

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