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Can my elder brother gift his property younger brother how much exp


19-Feb-2023 (In Property Law)
Can my elder brother gift his property younger brother how much stamp duty to be paid
Answers (4)

Answer #1
885 votes
Any movable or immovable property can be transferred within blood relations without any consideration through a gift deed. Yes an elder brother can gift his property to his younger brother as it is legally permisable. Further you need to get a gift deed drafted and executed through a lawyer. Please note that the gift deed is compulsarily registratable under the Indian Registration Act. Stamp duty varies from state to state.
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Can I transfer property to my brother in India?

You can gift immoveable properties by drafting a deed, having it attested by 2 witnesses and registering it with the registrar. The Registration Act of 1908 stipulates that the transfer of immoveable properties must be registered. 24-Aug-2023

Can a person gift property to an individual?

Owners of immovable properties can give them to relatives or third parties. Gifts are only valid if they are made freely and without any consideration. 06-Oct-2023

Can brother give land as gift to brother?

Stamp duty will be charged if you intend to transfer the property. According to The Registration Act of1908, relinquishment falls under Section 17, which means that it must be registered compulsorily at a subregistrars offices.

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To indicate the property belongs to you, complete a Grant Deed or Warranty Deed and submit it to the local recorder. Ask a lawyer to explain the legal requirements in your state or county so that everyones rights and the sale are protected.

  
Answer #2
692 votes
Some states offer stamp duty concessions on the registration of a gift deed for blood relatives or family members. There is no stamp duty concession for a family member who is a donee in Delhi. However, if the donee is a woman, she has to pay a stamp duty of 4 percent, while if the donee is a man, he has to pay a stamp duty worth 6 percent of the property value.
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Answer #3
757 votes
Your elder brother can gift only that property which he owns means he can only execute a gift deed in your favour if he is the sole owner of that property and it depends from state to state how much today's time to be paid for more details you can contact our office thank you
Advocate Dev Yati

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Answer #4
192 votes
It is legal for an older brother to give his property to a younger brother. You will also need an attorney to draft and execute a gift deed. Note that the Indian Registration Act requires the gift deed to be registered.
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Muskan
Kiya badha Bhai duara Chhota Bhai ko daan ki gayi property ko bare bhi ka beta vapas le sakta hai

Reply by LawRato
No, a valid gift made under the Transfer of Property Act in India cannot be vitiated by any person other than the donor. Once a gift has been legally executed and all necessary conditions have been met, the donor relinquishes all rights and control over the gifted property. The gift becomes irrevocable and cannot be challenged or invalidated by any third party. However, there are certain circumstances where a gift may be subject to challenge, such as if it was obtained through fraud, coercion, or undue influence. In such cases, it is typically the donor or their legal representatives who have the right to contest the validity of the gift. 
You may consult a Property Lawyer who will guide you after understanding the facts of your case better by clicking on the given link  - Top Property Lawyers in India

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