Gift Deed
5 years ago
1. My Father owns a flat, can he gift deed only 50% Or Half of that flat on My Name. Or gift deed has to be 100% only
2.a. Gift deed from Parents to Son, will Son's wife become default nominee
2.b. Can gift deed have a nominee. eg. My Father gifts deed 50% property to me and i put my sisters name as nominee in gift deed itself
3. Can Gift Deed be transferred to any Nominee Or any witnesses
4. If I further Gift deed my 50% share of property to sister, do I need to have consent of my parents and will my parents required for registration
Adv Shrikiran B
Responded 5 years ago
My answers to your questions:
1. Your father can gift you a portion of the property i.e., 50 % or less than that or more than that. There is no requirement that the gift deed should be 100% only.
2 a. No. After the transfer of the property by parents to son, the son becomes absolute owner of the property and the son's wife's doesn't anyway become nominee by default. It is the absolute right of the donee (son) to decide who he want to name nominee for his property.
2 b. Yes you can do so.
3. Once the property is transferred via gift deed and registered in the donee's name, the donee can transfer the property to anyone he wishes to.
4. Once the property is transferred to you via gift deed and registered in your name and on account of you being the owner of the property, you can gift deed your 50% share of the property to your sister and there is no need to take the consent of your parents and you and your sister's presence at the sub registrar's office to do the registration of the property is enough.
Manjula Shanmugasundaram
Responded 5 years ago
2. a. No.
2.b. Not exactly, But he can give you a life interest and thereafter absolutely to your sisters if that is what you want
3. No but the receiver of the gift can later gift it to any one he wants.
4. No but you will have to execute a separate gift (or settlement) deed.
My answers are as follows:
1. My Father owns a flat, can he gift deed only 50% Or Half of that flat on My Name. Or gift deed has to be 100% only
Ans: He can gift away to you even 50% of flat.
2.a. Gift deed from Parents to Son, will Son's wife become default nominee
Ans: No. It will be your exclusive property. Wife has no share in any property husband except the right to alimony or maintenance.
2.b. Can gift deed have a nominee? eg. My Father gifts deed 50% property to me and i put my sisters name as nominee in gift deed itself
Ans: No it cannot be but he can gift remaining 50% to your sister in the same gift deed.
3. Can Gift Deed be transferred to any Nominee or any witnesses
Ans: No, it cannot be.
4. If I further Gift deed my 50% share of property to sister, do I need to have consent of my parents and will my parents required for registration
Ans: No, after transfer of property in your name to the extent of 50% then you can gift it to your sister. The law is as follows
Anonymous
Replied 5 years ago
Thanks for your reply
1. If i understood correctly the gift deed cannot have any nominee
2. Can I transfer gift deed to same person from whom I got, is there any time frame. Eg I received from my father and after 1 year can transfer back to my father
Nirmal Chopra
Responded 5 years ago
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