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My father has gifted me his self acquired residential property under a registered gift deed. The Khata of the property now stands in my name and I am paying property tax regularly in respect of this property. I have a married sister. My question to you is whether my sister can claim a share in this property after the death of my father?

- by Siddarth, Bangalore-3

Since the house property which has been gifted to you by your father under a registered gift deed was his self acquired property over which he had absolute right, title and interest which  can be alienated at his sweet will, and the khatha of the property now stands in your name, the gift is absolute and irreversible. The question of bringing the ancestral property right by your sister doesn't arise  in this case since the property was purchased by your father from out his own earning and hence he had authority to dispose of this property as he like. Therefore, your married sister shall have no right whatsoever either now or at a later date in respect of this property.

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These are all the legal questions answered by Advocate S.Selvakumar in various magazines, in various occasion including realestate reporter monthly.

QUESTIONS

Q:- We have a house in the heart of Bangalore City.  It has been registered in my husband’s name.  Over the years due to some misunderstandings in the family, he says that he will gift the house to some charitable institution.  We have two children, a boy and girl.  Don’t we have a right to the property?  Can he give away the house just like that?

Q:- My friend owns a site. Originally there were two different sites, one inherited and another purchased by my friend. Later on my friend got a clubbed katha for both the sites. He has recently gifted the entire site to the sister of his wife. My friend has two children who are not happy about this transaction. Please advise whether is transaction is legal.

Q:- Kindly refer your excellent article on All about Gift Deed appeared in Indian Express on 25th Nov.  You have stated in the above article that there is a concession in stamp duty and registration if gift is made to the family members “spouse, sons, daughters, daughters-in-law and grandchildren”. Kindly clarify whether this concession is applicable to “gift of immovable property from brother to sisters and also from sisters to brother”.  I would seek your kind clarification at the earliest.

Q:- I have recently purchased some immovable properties at Banaswadi out of my earnings.  I do not have any children and have adopted a boy who is 17 years old. I want to gift some of my properties to my sister by will but natural parents of my adopted son are objecting to this stating that it is against law.

Q:- I want to gift some self acquired buildings to my daughter. Is there any rebate on the stamp duty payable and registration charges?