Property Donation Rules: In today’s times, the relationship between son and father is often seen deteriorating. Due to various reasons, son and father do not get along. Often in such situations family differences increase. Then if a father is angry with his son. So many times he thinks of evicting his son from the property. And threatens to donate the property. But now the question is can he donate his entire property?
In India, laws have been set regarding property and donation. Many people think that it is easier to donate property out of resentment. But for this it is important to understand the correct process and legal rules. Doing this without knowledge can give rise to disputes and legal problems later. Let us tell you how a Hindu person can donate his property.
Legal process of donating property
If a Hindu father is angry with his son and wants to donate his property. So first of all it is important to ensure that this property is his own acquired property and he can give it away freely. It is necessary to prepare a written gift deed for immovable property. In which complete details of donor, receiver, property, donation on one’s own free will and the condition of no return are clearly written.
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The donor must be an adult, mentally healthy and have full rights over the property. It is also important for the receiver to accept the donation. The gift deed must be signed by the donor and at least two witnesses and must be registered in the sub-registrar office of the district. Stamp duty and registration fee has to be deposited as per the rules of the state.
You can donate in these ways
Any person can donate his property in two ways. First will and second gift deed. In the will, the donor writes instructions to give his property to a charitable organization or trust after his death. It is clearly written in it that the child will not get any share. To be valid, signatures of the donor and at least two impartial adult witnesses are required. Registration is not necessary but registering with the sub-registrar will provide legal strength.
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In a gift deed, the property is transferred immediately and without any return. For immovable property, registered gift deed is required and stamp duty/registration charges are applicable. In this, the donor can set the condition of using the property throughout his life. Which the Supreme Court also considers valid. The difference is that the will comes into force after death. Whereas the gift deed is effective immediately.
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