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How to enforce a gift deed
30-May-2023 (In Family Law)
my father died before making any will of our residential property which belongs to his name and i have no brother and sister and my mother is alive and she is my step mom naturally we will get 50 percent of the property now can my mother making a gift deed transfer her portion before the property transfer to our name as till date the property is in my fathers name whether that gift deed is valid
Question: My father in law made gift deed of his property his only one son on 2013,afer that my husband made a loan of 30lac ,(his son not responsible and not taking care of them after gift deed) so only now my father in law has to cancel his gift deed and I wish to make is property for his grand children name ,so my question is this property under bank loan in this situation gift deed cancalation is posible or any other ways are there to make property to his minor grand children? Pls help
Response -- once a gift is made, you can not cancel it - but there are other ways - contact an Advocate who can help you
--- Advocate C V Srinivasa
Response -- once a gift is made, you can not cancel it - but there are other ways - contact an Advocate who can help you
--- Advocate C V Srinivasa
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By the process of gift deed it will cost you the entire registration and stamp duty costs, its better your mother gives you a registered will in your name of her share be it moveable or immoveable in nature which will cost you lesser.
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Adv. Aveek Bose
Kolkata | 500+ Answers
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Yes. It is valid. Anybody can make gift in favour of anybody. Your mother also make a gift deed in favour of your name. But as there is no blood relation between you and your step mother so you have to charge 8% (stamp duty 6% + registration fee 1.1% and other expenses) of the government market value of your property. But if there is blood (full) relation , the registration cost become 3%.
So you can make a gift deed . For more details you can consult a civil lawyer .
Thank you.
So you can make a gift deed . For more details you can consult a civil lawyer .
Thank you.
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Adv. Diptiman Pal
Barasat | 200+ Answers
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yes, there's no problem in it. If she
want she can transfers her share to any one. Only st the time of registration of deed it has to be mentioned that how she acquired the property.your lawyer will do that keep faith on him.
want she can transfers her share to any one. Only st the time of registration of deed it has to be mentioned that how she acquired the property.your lawyer will do that keep faith on him.
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Adv. Aniket Joardar
Krishnanagar | 100+ Answers
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Sir, that since your father died without making a will, you and your stepmother hold 50% undivided share each in the property. She can gift her undivided 50% share which is valid. However, since there is no specific demarcation, you can raise objection. Please contact for more details.
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Adv. Abhishek Dutt
Kolkata | 100+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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