Legal Question in Civil Litigation in India

I wants to transfer my self acquired immovable property to one heir only, have done so by a registered will but on the contrary expecting trouble from my other legal heir wants to do something concrete (at the same time reduce expenses of stamp duty) Gift Deed also attracts same Stamp duties as sale deed.

Please advice any other option involving less expenses and simple way?

I have though of this way 1.Gift part of the assets by a registered gift deed there-by making my heir co-owner. 2. Then release/ relinquish by a registered deed rest of the asset to the heir who is co-owner at the time of relinquishment.

Is This Ok legally? What minimum portion is required to be gifted previously to make co-owners? 25% or 50%. ?


Asked on 8/31/10, 7:29 am

2 Answers from Attorneys
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

no, this way you will complicate things. in case you really want to make it concrete, pay stamp duty and execute a proper gift deed.

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Answered on 8/31/10, 10:43 pm
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

That will be o.k. you may transfer a nominal share - 25% or even less; however, possession should be delivered during your life time. Even registered WILL is also o.k. if possession is delivered by you during your life time.

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Answered on 9/09/10, 12:18 am


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