Transfer of property from son to father
Vaibhav
(Querist) 21 September 2016
This query is : Resolved
An agriculture land was purchased in 7 parts with the name of different family member.now the family wants to first transfer the land to father and then father will make registered vasiyat according to his choice.what are the legalities involved?
Ms.Usha Kapoor
(Expert) 21 September 2016
You family members transfer the land by way of registered gift deed in favour of your father and get it mutated in revenue records.
Ms.Usha Kapoor
(Expert) 21 September 2016
You family members transfer the land by way of registered gift deed in favour of your father and get it mutated in revenue records.
Dr J C Vashista
(Expert) 21 September 2016
A hypothetical academic question.
Advocate M.Bhadra
(Expert) 21 September 2016
Under section 122 of the Transfer of Property Act, 1882, son can transfer to father the property through a registered gift deed.
Once a gift deed is registered in the name of the recipient, then he can apply for mutation of the property. Mutation is necessary to transfer utility connections in the name of the recipient
Kumar Doab
(Expert) 21 September 2016
Registered gift deed, followed by updation in mutation records,and registered WILL are workable options.
Guest
(Expert) 21 September 2016
You need to check stamp duty and registration charges of your state for making gift deed.
When will is made , the transfer of property will take place after death of person
and in mean time person who is owner can sell the land or do whatever he likes about the land.
After death of person , when steps are taken as per will there are chances litigation can take place , as some may contest the will itself
Since 7 parts of land is taken on different family member. First try to get different sub - survey for each part of land with proper measurement
Make proper land records of each sub survey
And then as mutually decided transfer the sub survey by sale deed to other etc. and finish this subject once and for all.
By your way their are scope for problem in future in my opinion
Shashikant V. Patil
(Expert) 21 September 2016
Is it having diff. survey numbers or one survey number ?
Raj Kumar Makkad
(Expert) 21 September 2016
Registered Gift-deed is the cheapest way of transferring the immovable properties in the given matter but still it is expensive if ultimately father has also to further make will.
Avail other options.
J K Agrawal
(Expert) 21 September 2016
Well advised by Madhu.
Vaibhav
(Querist) 22 September 2016
Thank u all for ur suggestions.
Rajendra K Goyal
(Expert) 22 September 2016
All shareholders can gift their share to father through registered gift deed, later father can bequeath it as per his wish.
Kumar Doab
(Expert) 22 September 2016
Also check with your own counsel if registered family agreement can be made possible, certainly if your family is inclined for such possibility.
Rajendra K Goyal
(Expert) 24 September 2016
Yes can also proceed as advised by the expert Kumar Doab.
Raj Kumar Makkad
(Expert) 25 September 2016
Don't be confused. The various options are before you, now its your turn to opt and move ahead.
