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HUF property transfer to wife: What's the procedure?

T S Khurana |476 Answers |Ask -Follow

Tax Expert - Answered on Feb 12, 2025

A certified management accountant since 1993, T S Khurana is a fellow member of The Institute of Cost Accountants of India. His areas of expertise are income tax, specifically litigation cases, and GST.

Since the last 21 years, he has also been providing expert advice on financial matters, including investments and diversification of funds, and wealth building in the long term to his clients.
He believes that investment in real estate is the safest way for better returns and wealth generation over a period of time.

A former chairman of the Chandigarh Chapter of Institute of Cost Accountants of India, T S Khurana has also served as member of its technical committee.... more

Question by Amit on Feb 11, 2025Hindi

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Thank you Sir for your response. I would further want to ask that the since the property is HUF registered property in his name, what would be the procedure for registration for gift deed in favour of my wife? She has has 2 sisters also.

Ans: Please confirm, whether your wife is a member of HUF, from where property is to be gifted or not ?
Most welcome for any further clarifications. Thanks.

DISCLAIMER: The content of this post by the expert is the personal view of the rediffGURU. Users are advised to pursue the information provided by the rediffGURU only as a source of information to be as a point of reference and to rely on their own judgement when making a decision.

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Asked by Anonymous - Dec 27, 2024Hindi

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Hello Sir My father in law wants to transfer his owned residential property to my wife's name. Apart from will what are the other ways through which he can transfer? And what would be the taxation component?

Ans: Besides Gift, he can transfer his property to his daughter, through transfer/sale deed. In many states like Punjab, property can be transferred within family, without payment of any Registration fee.
Income Tax is not involved in such transactions.
Most welcome for any further clarifications. Thanks.

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Question by Amit - Dec 29, 2024Hindi

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Property is located in Maharashtra. He wants to gift the property to her daughter. What is the gift deed process and the charges/taxes applicable?

Ans: 01. Gift Deed should bear complete details of the Donner (Name, Age, Aadhar & PAN no., Address etc.) & Donne. Both should sign the deed. It must be signed by at least two witnesses.
02. In Maharashtra Stamp Duty seems to be around 3% (in case of family members), of the value of property. Besides, you may have to pay 1% as Registration fee.
Most welcome for any further clarifications. Thanks.

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DISCLAIMER: The content of this post by the expert is the personal view of the rediffGURU. Investment in securities market are subject to market risks. Read all the related document carefully before investing. The securities quoted are for illustration only and are not recommendatory. Users are advised to pursue the information provided by the rediffGURU only as a source of information and as a point of reference and to rely on their own judgement when making a decision. RediffGURUS is an intermediary as per India's Information Technology Act.

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