Legal Question in Real Estate Law in India
Do not sugegst a gift deed for the following question, kindly suggest an alternative to the question below:
My wife and my sister in law were co-owners in a property which they inherited from an elder sister of theirs by a will probated in 1995. My wife died last year. I now wish to give my share of 50% (obtained from my late wife, we had no children) to my sister in law who is also residing with me at the said residence. What are the different ways to release my share in her favour? I do not wish to pay any government taxes or stamp duty, so kindly give me an alternate that would avoid any such expenses.
1 Answer from Attorneys
You will have to pay the stamp duty if you want to transfer during your life time your share (now) to your sister in law, because it would be considered conveyance. However, you may write a WILL in her favour.