Legal Question in Real Estate Law in India

My father as Karta of HUF owns a residential house. He has three sons A,B and C.

Can he write a will as Karta of HUF giving the house only to A and B and no share to C. If yes, does he has to do a Gift Deed or Write Will.

Also at future date if A and B (joint owners) want to sell the house do they have to go back to C for any signature. To give weightage to the document we can take C signature as witness in the Gift Deed or Will

Please advise so that this can be done legally and we dont pay stamp duty now as the house stays within the family only.

Asked on 7/25/13, 9:40 pm

2 Answers from Attorneys

Fca Prashant Chavan Expert Edge LLP


Dear Sir / Madam,

Gift Deed is for transfer of property during the lifetime of the owner (donor).

Will is for transfer of property after the demise of the owner (testator).

"Karta" of the HUF is appointment to take care of all the financial and administrative matters of the property of the HUF in the best interest of all the other family members of the HUF.

Two independent witnesses (non members of the HUF) to the Will or Gift Deed are recommended. (Reply No. 508-July, 2013).


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Answered on 7/26/13, 12:32 am

dear in ur case

Gift deed will also attract stamp duty........ its better to go for partition of family for details mail me at [email protected]

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Answered on 7/26/13, 2:58 am

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