My father gave me a house site by way of unregd. Gift. He expired. Now my mother and my brother who are the other legal heirs want to formally register the site in my name by way of gift. Gifting their respective shares in the site in my favor. Gift deed in favour of family members attracts less stamp duty and registration. Can they gift me their shares in the property to me declaring that we all three have equal share in the property. Can a gift deed be drafted in this situation.
My grandfather's self acquired property was partitioned after death of my grandfather (in 1985)and my father (in 2010) My father's brother and we three legal heirs ( except our sister)of my father shared the property. Now my sister is claiming her share in the property. Does she have right?
1) un registered gift deed is in admissible in evidence
2) on father demise your mother , your brother have one third share in property
3) gift deed can be executed by mother , brother to transfer their one third share in property in your name
4) gift deed should be duly stamped and registered
On father demise intestate your sister has equal share in property
If she is legal heir she will have right by birth as per SC.
Firstly unregistered gift has no validity and your mother has to apply for inheritance certificate after the death of your father after which your mother can gift the property in your name !
Yes your sister has the right in the said property !!
Unregistered gift deed is not valid but can be register after death of donor. Or mother and brother can execute release deed to transfer their 1/4th to you. Or gift deed, both attracts less registration fees.
Sister have 1/4th share, so better register the register the gift deed executed by father.
Yes gift deed can be made and registered , stamp duty as per there share shall be applicable.
Further alternatively they can also relinquish there share vide registered relinquishment deed.
You have both the options and registered deed is required.
Sister shall have right since the proeprty was partitioned after demise of father and her right is created.
A registered gift deed may not be an appropriate document to be executed in this situation.
The other legal heirs of your deceased father can execute a registered release deed relinquishing their rights in the property in your favor which will be more proper and apt to the situation, this also will attract less stamp duty.
The property devolves on all the legal heirs of your decesed father if he is reported to have died intestate.
If your sister is also one of the legal heirs to your deceased father she is also entitled to a legitimate share in the property left behind by your father.
Her share in your father's hare of property cannot be denied or else she may claim her share with separate possession through court of law by filing a partition suit.
- As per section 17 of the Registeration Act, an unregistered Gift Deed has no legal sanctity in the eyes of Law, , hence a gift deed of immovable property is required to be compulsory registered.
- Since , the said gift deed in your name is not registered , hence this deed cannot be used as evidence in the court of law to claim a valid title to the property.
- Further , after the death of your father, his all the legal heirs , i.e. your mother , brother , sister & you, have equal share in the property.
- They can gift their respective share in your name by way of registered gift deed, or they can leave their share by way of executing a Release Deed as well. .
- Yes, as per law, your sister has her right to claim 1/4 share in the property.
1. A gift deed has scrap value if it is not registered. It requires mandatory registration.
2. Your mother and brother are at liberty to gift their shares to you through a registered gift deed.
3. Your sister surely has a share equal to your share in the property. The share of a daughter is at par with the share of sons in the self acquired/separate property of father.
Dear Sir,
You can get Gift Deed or Relinquishment Deed from your mother and brother. Secondly your sister though have a share but you can fight for years together if she goes to Civil Court otherwise you may end the matter by compromise by giving her some money.
A valid gift of property can be made only by a registered instrument. According to Section 123 of The Transfer of Property Act, it is invalid if a gift of a property is not registered.
yes, registered gift deed or relinquishment deed can be execute in your favour.
your sister has equal share in property .
You can get the property transfered on your name by relinquishment deed and legal heirs certificate from your mother and brother.
Yes your sister can claim her share from the property because the gift deed in your favour was not registered so she will have claim as legal heir of your Father.
