• Legal heirs wanting to make gift deed to third person

My father had one brother. Both have since expired. My uncle did not marry. However he took care of a lady who was a divorcee. She had 3 children from her first marriage. My uncle took this lady into the house and took care of her and her youngest daughter. Her other children were taken care by other relatives. She is also since deceased.

My Uncle before his death willed a portion of his land to this lady. The rest of his land was not willed by him to anyone. Since he had not married he had no wife or children, nor had he legally adopted the lady's child. His parents i.e. my grandparents were also long deceased. This has left me and my brother as his legal heirs. We both do not have any other brothers or sisters.

The lady's child has since been married and has one daughter who is a major now. We treat her like our niece.  Both my brother and me are wanting to give the land to this girl, i.e. the ladys granddaughter. How do we do this?

Can we give it by a gift deed to her? 

Before we give it to her vide a gift deed, is it required that we mutate the property in our names?

If we give it directly as a gift deed (preferred) could it cause any problem to her in the future or if she wants to sell it at any point of time?

As she and her mother are not very well off monetarily, we would like the cheapest option for them to get possession of the property.

What are the liabilities that would accrue to my brother and me when we do this Eg, property tax etc.? 

How do we safeguard ourselves from any liabilities? They say that they have paid all property tax to date, however that has to be verified. 

We would also like to ensure that the title to the property is clearly in the girls name in all regards once we finish, as we feel that is what my uncle would have wanted.

All of us are Christians including the Girl and her mother

Please advice us in detail as to how to go about this correctly so that the girl gets the property without any encumbrance and with a clear title without it being a big burden to her and her her mother as also to make sure we do not acquire any liabilities
Asked 8 months ago in Property Law from Chennai, Tamil Nadu
Religion: Christian
1) carry out mutation of property in your name  and that of your brother 

2) then not execute gift deed in favour of the neice 

3) you  and your brother will have to pay stamp duty on gift deed and pay registration charges 


4) verify ehether property tax has been paid till date 

5) stamp duty is state subject and varies from state to state 

Ajay Sethi
Advocate, Mumbai
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1214 Consultations
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One can gift his property to anyone including a total stranger. Mutation should be carried out before the execution of gift deed. If the gift deed is unconditional then title will also pass to her unconditionally which she can further convey to anyone. Stamp duty on gift deed will have to be paid. Alternatively, a family settlement may be executed to coney the title to her which will not involve payment of stamp duty. Thereafter, she can mutate it in her favour. 
Ashish Davessar
Advocate, Jaipur
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445 Consultations
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you have to get mutation of the land in your name then you can transfer it any legal manner. you should make a registered gift deed . however they are not related to you by blood thus gift tax will be applicable in this case. gift immediately transfers that property in their favour and they get absolute right in the property. 
Shivendra Pratap Singh
Advocate, Lucknow
2729 Answers
41 Consultations
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The lady's child has since been married and has one daughter who is a major now. We treat her like our niece.  Both my brother and me are wanting to give the land to this girl, i.e. the ladys granddaughter. How do we do this?
Can we give it by a gift deed to her? 

You can transfer the property on your name as a gift deed to her and not the property which is yet to inherited out of your uncle's property.




Before we give it to her vide a gift deed, is it required that we mutate the property in our names?

Yes, you have to transfer the property on your name and should possess valid and marketable title to the property to become eligible for transferring the same as gift deed.



If we give it directly as a gift deed (preferred) could it cause any problem to her in the future or if she wants to sell it at any point of time?

You cannot execute a gift deed of the property on which you do not have a marketable title.






As she and her mother are not very well off monetarily, we would like the cheapest option for them to get possession of the property.

Gift deed is the only possible way to transfer or by a sale deed which will be more costly.







What are the liabilities that would accrue to my brother and me when we do this Eg, property tax etc.? 

You need pay property tax after transferring the property.






How do we safeguard ourselves from any liabilities? They say that they have paid all property tax to date, however that has to be verified. 

Just merely paying the property tax shall not make them entitled to the title of the property.




Please advice us in detail as to how to go about this correctly so that the girl gets the property without any encumbrance and with a clear title without it being a big burden to her and her her mother as also to make sure we do not acquire any liabilities

Follow the steps suggested above and take the help of a lawyer in the local if you are not able to follow up the procedure properly




T Kalaiselvan
Advocate, Vellore
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