I wish to ask if my mother can gift me her flat which she has purchased in june 1993, also will the society charge me the transfer fee or Rs.25000/- which they charge in resale flats or will this be treated as internal transfer please advise.

2 Answers Given By Lawyers

ANAND BALI Answer

Yes your mother can Gift you any property which she has with her with a clear title. It will be treated as a transaction between two separate legal entities. Yes the Society can charge the transfer fee from you as per their By laws only if it is there in it as it is not a mandatory free to be charged by every society. In case they have such a provision in their By laws they may charge it from you ....


Rakesh Bahl Answer

Surely your mother can gift the flat to you. The gift deed has to be registered on payment of stamp duty as applicable in the State. Regarding transfer fee it depends upon the laws of the society framed under the Cooperative Societies Act of the State. This part of your question therefore can't be answered straight-away.