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Transfer of leasehold property through gift deed
04-Aug-2023 (In Family Law)
Me and my husband want to take divorce mutually, and as per condition he is ready to transfer the matrimonial house in my minor son's name, I am living with my son in the same house for last 15 years,. I want to know that is it legally possible to gift a leasehold property. Please advise what are the possible consequences. And what precautions should be taken also suggest what can be done now as all these terms and conditions are written and signed by mediation centre and are already exibited in court.
Who holds the title of the matrimonial house? If it's in your husband's name, he may transfer the same to your son vide a registered gift deed. However, it's pertinent to note here that he must also pay the stamp duty as it is about 7% in case of a male and 5% in case of a female.
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Adv. Tushar Kumar
Delhi | 200+ Answers
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you both can take divorce as per the terms and conditions stated in mediation report.
leasehold property can be gifted and there is no bar in it.
transfer of leasehold property is permissible inlaw as lease is transferable and after transfer your son will get ownership right once he will be major.
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Adv. Rajiv Rekhari
Delhi | 100+ Answers
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thats not a matter of divorce...first get the mutual divorce...your son will be entitled to get his father property watsoever, the only question arises is about your husband property...wheather he is a absolute owner of his property.
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Adv. Vaibhav Kharbanda
Delhi | 50+ Answers
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