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Surbhit Jain (NA)     21 August 2014

Transfer of property when owner alive

Hi,

I have a commercial property (Shop) in Delhi that is in my Grandfathers name. My Grandfather is in good health but wants to transfer the property in my name. The Builder of the shop says they require a legal proof stating the transfer so that they can re-issue new property documents in my name. I wanted to understand what could constitute of legal documents for property transfer.I gather the following:-

1 - Gift Deep - Best option but this would require me to pay stamp duty charges which are steep in Delhi.

2 - Will - I have been told that this cannot be used as the will can be changed / revoked and should only be an option when the person transferring is not alive.

Is there any other option which I could use? 

Could a transfer deed could be used for this purpose?

Thanks!



Learning

 2 Replies

Kumar Doab (FIN)     21 August 2014

The local SRO or a deedwriter or your lawyer can inform you charges on any of the option e.g. Gift/Transfer/Release/relinquishment/sale deed and you can choose the option that is suitable to you.

An owner in his life time can bequeath his estate by WILL. It is better to register the WILL.

 

Of course the WILL can be changed/cancelled by the owner of the estate. 

Raaj (BM)     21 August 2014

I got married 7 year before. My mother died of fatal disease five months back, who was in service in State Govt. Now my only brother and father has conspired not to give any possession of the property of which my father has got by inheritance, and not by his own earnings. What can I do? I want to go with Law. Please suggest me how to proceed.

Reply @--rajuzone100@gmail.com


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