• Purchase of property

I want to purchase a plot from a person which was gifted by his father to him
Is it possible to purchase a plot
Other documents are clear only thing is the plot was gifted by his father
Asked 3 years ago in Property Law
Religion: Hindu

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

20 Answers

1. IF Father had Gifted his property to his Son via a Registered Gift Deed, THEN it is perfectly legal to purchase such property from Son.

2. To be further legally safe, the new Sale Deed must be signed jointly by Father & Son as "Confirming & Consenting Parties", to avoid any future legal disputes between father & son. This will be Final & Irrefutable & non-Challengable for all futuristic legal purposes.

 

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

If the Gift deed is registered and accepted by both the parties than you can purchase the this property.

Ganesh Kadam
Advocate, Pune
12932 Answers
255 Consultations

4.9 on 5.0

Once registered gift deed is executed donee is absolute owner of plot 

 

2) yiu can purchase the property by registered sale deed 

Ajay Sethi
Advocate, Mumbai
94888 Answers
7570 Consultations

5.0 on 5.0

Stamp duty and registration charges can be split equally between the parties 

Ajay Sethi
Advocate, Mumbai
94888 Answers
7570 Consultations

5.0 on 5.0

First determine the nature of the property as regards whether it was self acquired or his ancestral property. 

If it was self acquired property then there was no difficulty in purchasing this gifted property from his son.

If it is his ancestral property then you need release deed from other co sharers or make them co sellers in your sale deed. 

Devajyoti Barman
Advocate, Kolkata
22858 Answers
492 Consultations

5.0 on 5.0

Yes, it can be purchased if the gift deed is registered and title documents are in order.   

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

See the stamp duty is paid by buyer or as agreed between parties. 

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Yes u can take a property... But keep in mind do everything on paper

Roshan Khatri
Advocate, LUCKNOW
138 Answers

Not rated

Due transfer of ownership with registered gift deed. You can purchase and make sure delivery of all original documents of property including gift deed.

Purchaser should buy stamp paper.

Yogendra Singh Rajawat
Advocate, Jaipur
22669 Answers
31 Consultations

4.4 on 5.0

Dear Sir/Madam,

It is suggested that it is safe to buy the said plot but you must check the EC of the plot and bond papar may be purchased by anyone. Generally, it is purchased by the seller. 

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

What kind of property is being purchased by you?

Can you Please furnish more details about the classification of the property and ownership of the same by documents available for our scrutiny?

These question's answer are essential to advice you lawfully to purchase a gifted property from person as mentioned by in the present post.

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

5.0 on 5.0

If the property was transferred to the seller by a registered gift deed then it is valid.

Before that  just confirm that if the donor had clear and marketable title to the propeerty that he transferred to his son the donee by the gift deed.

If not then all the other children of the father/donor should execute a joint registered sale deed in favor of the buyer.

 

T Kalaiselvan
Advocate, Vellore
85089 Answers
2213 Consultations

5.0 on 5.0

There is no necessary for stamp paper if the purchase is outright i.e, without a sale agreement.

If you are entering into a sale agreement then the expenses to register the sale agreement shall be borne by the buyer only.

 

T Kalaiselvan
Advocate, Vellore
85089 Answers
2213 Consultations

5.0 on 5.0

Those both and father and son will be required for registration 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

you have to procure all the documents from the previous seller/donor ( in case of gift Deed) , even if its their blood relation.. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

It is the responsibility of the buyer to pay the stamp duty. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

1. Yes you can go ahead with purchase of the property.

2. It depends on mutual agreement between buyer and seller. In general practice buyer need to purchase bond papers 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

Yes it can be. You can buy the same

Prashant Nayak
Advocate, Mumbai
32037 Answers
183 Consultations

4.1 on 5.0

That is no problem. He should transfer the title to himself and then to you.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

That both of you may decide. The buyer usually does so.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

Ask a Lawyer

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