LawRato

Gift deed property from mother to son become self acquired


28-Mar-2023 (In Property Law)
My mother gave a property as a gift deed to me will it become a self acquired property for me and does my wife are my Daughter and Son will get any right on it when I am alive ?
Answers (3)

Answer #1
744 votes
A property acquired by gift deed gives you absolute ownership and you have all the rights of an absolute owner. Your wife and children do not acquire any rights while you are alive. You can transfer to whom ever you want or pass it on while you are alive or by way of will or intestate succession as you may prefer.
People also ask

Can mother gift property to son?

Transfer of Property Act requires a Gift Deed, and a Transfer deed to be registered at the Registrar. A Gift deed must be used for the transfer of property without payment. However, Stamp Duty is required as per State laws.

Can a parent give all property to one son?

According to a 2005 amendment to the Hindu Succession Act (HSA), daughters are co-heiresses and can claim the inheritance property. A parent cant transfer all of the family property to just one son.

What is the stamp duty for gift from mother to son?

Stamp duty on immovable properties given to family members is 3%. In the case of a gift from a third party, stamp duty is 5%. 28-Sept-2023

How do I transfer money to my son in gift deed?

According to the Registration Act of 1908, a gift deed that is for cash does not need to be registered. However, a cash-gift deed can be recorded to maintain a record. In the event of a dispute, a registered gift deed can be used as proof in court.

  
Answer #2
612 votes
Right over a property acquired on the basis of a gift deed becomes a person's self-acquired property. This means that, the property that you acquired through gift from your mother becomes your self acquired property, and neither your wife nor your daughter will have any manner of right, title or interest over the same during your life time.

Having said that, one has to bear in mind that the property that your mother gifted should have been her self acquired property.

Answer #3
203 votes
The Donor and the donee must sign the deed before two witnesses. They then need to pay the fees, get the original attested, and submit it to the Registrar. The Gift deed must be executed. Mortgaged properties can be given away after the mortgage is repaid.
Helpful? LawRato LawRato

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.

Report abuse?

Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."