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Brother & his son object gift deed given by father to his daughter
17-Feb-2023 (In Property Law)
Hi, I belongs to Hindu family. My father wants to gift his immovable property to me, a married daughter. Because I have been looking after my parents. My brother's wife and son stay with us but my brother left us several years back. And my father is a owner of this property. We both wants to know that a. can brother and his son object on the gift deed? b. What are the fees to make gift deed in our case? Please advise. Thank you
Hi, if your dad is owner of the property and its his self acquired property, then he can do whatever he wants as he deems fit in his lifetime. Your brother is only a presumptive heir and thus he and his son cannot legally object against the gift of the property to your name.
Presently a gift of residential flat by a person to his lineal descendant is exempt from stamp duty. Only a nominal stamp duty of Rs. 200 will have to be paid. So gift of residential flat by father to his daughter attracts minimum stamp duty of 200 only.
Presently a gift of residential flat by a person to his lineal descendant is exempt from stamp duty. Only a nominal stamp duty of Rs. 200 will have to be paid. So gift of residential flat by father to his daughter attracts minimum stamp duty of 200 only.
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If your father acquired property by his sole income and not inherited property. Then such property of father is self acquired property.and self acquired property can be transferred to any person.There is no necessity of consent of others.For fees you can inquire into Sub Registrar Office in which area property is situated.
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Adv. Sandeep Shamrao Pingale
Mumbai | 400+ Answers
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