Transfer of land from father to daughter
I am married and have a daughter but deserted by my husband for more than 2 years. My father recently acquired 19 kathas ancestral land as a part of division of family property. Now, we are 2 sisters and 1 brother. Sister married and brother unmarried. Our father wants to give me 10 kathas out of the 19 kathas. What is the best way to do it so that i future there is no litigation. Also, if a sale-deed has to be made, can the price of the land in the sale deed has to be the current market value or a father can sell at a lesser value to his daughter?
Asked in Property Law from Ranaghat, West Bengal
1) your father can execute gift deed in your favour . have it duly stamped and registered .
2) please clarify on what basis you say property was ancestral
gift deed by your father in your favour
Advocate, New Delhi
1. Gift deed is best option.
2. Whatever value you mention in the deed, the Registration office calculates its value as per their own record which you have to pay at the time of registration.
1. Your father shouls execute and register a Gift Deed in your favour which will be cheaper to get registered,
2. Sale Deed will cost you more for registration which will be at market price,
3. In Sale Deed, if abnormally low sale price is shown and if no evidence of payment of consideration is shown, the genuineness of the said Sale Deed can be challenged later on by other legal heirs of your father.
1. Execution of Gift deed with in the family is the best way to transfer the property.
2. Gift Deed stamp duty is cheaper than Sale Deed.