Legal Question in Real Estate Law in India

Hi,

What is the difference between a gift deed and a partition of property? which one of these is best suited to transfer some property to my children? If i make a gift deed can there be any conflict between them (for the property which has been transferred to them through this gift deed)?


Asked on 8/28/10, 10:25 pm

3 Answers from Attorneys
Vishwa Arya Arya & Co.

for gift deed you would be paying the transfer duty. However a partition deed may be registered without that as the parties are already assumed to be in possession of the property

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Answered on 8/28/10, 10:34 pm
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

the better option would be partition of property and the same may not be challenged in the court as consent of all the LRs would be obtained.

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Answered on 8/28/10, 11:09 pm
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Partition can be made only amongst existing owners; a gift may be required for transferring rights in the property.

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Answered on 9/03/10, 5:11 am


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