Legal Question in Real Estate Law in India

My father has a property in India whcih he had bought in the 80's. I am an NRI and recently he decided to transfer the property to my name asa gift to me his daughter. He has mentioned that he has certain terms and conditions for the use, sale and staying in the flat as and when he and my mother requires. He has also mentioned that he will mention this in the agreement. I need to know what can the possibibilities be for these terms and conditions? Also since he wants to transfer it in my name only and not jointly with my husband, is there any legal reason for this? Lastly, will I be taxed as I also have another property in India along with my husband.


Asked on 12/01/09, 2:21 am

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

in case your father gifts you the property through a registered gift deed, he cannot put any terms and conditions to the use and it would be considered as if you own the property. regarding the tax part, as the property is being gifted to you, you may be taxed for the capital gain.

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Answered on 12/01/09, 2:27 am
Shrichand Nahar S.V.Nahar, Advocate

Lets not waste time in guessing the mind of your father. Most probably, he want to ensure life interest for himself and his wife.

Gift by a father to his real daughter may not attract any income tax or gift tax. However, necessary stamp duty and registration charges on the market value of the property are payable on the Gift Deed.

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Answered on 12/01/09, 5:39 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

You father may be entitled to make a "conditional" transfer which may attract the principle of "election" applicable in property laws. therefore, he may be entitled in law to put his own terms. you may have to follow the conditions or forgo the gift.

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Answered on 12/01/09, 8:06 pm


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