Jitendra Singh (Manage) 11 May 2015

Transfer of self acquired house property to one of my son

Dear Expert,

I am new to the forum & literally illetrate in legal matters regarding property. Need your help!!

Please help me in understanding how a father can transfer his aquired property to one of his son within his lifespan without additional registery charges.

Details:

I am youngest in my family & have 1 elder sister & 2 elder brothers. My father is alive & mother has passed away.

My father has a self aquired house property at Allahabad. He want to ensure that this property goes in the name of his last two sons equally within his lifetime but without saleing out the property. He actually wants to transfer the property in our name.

Please note we both live away from Allahabad & frequent movement for legal procedures will be a challenge for us & my father is also quiet old now his movement is also a challenge. But yes, he can move within Allahabad elong with an attended easily.

Please suggest simplest & economical solution for transfer of house property in our names equally.

I would be highly thankful if the procedure is explained in bit detail as it will help me planning the things properly before reaching out to Allahabad.

Regards,

Jitendra Singh

Reply Follow

7 Replies

aman kumar (SUPERVISER) 11 May 2015

your father can make a registerd will A will or testament is a legal declaration by which a person, the testator, names one or more persons to manage his or her estateand provides for the distribution of his or her property at death. For the devolution of property not disposed of by will, see inheritanceand intestacy.

Jitendra Singh (Manage) 11 May 2015

Thanks Amanji!!

As I understand WILL or TESTAMENT will work only after death of the person who is doing it.

My query is bit different, as my father want to transfer his aquired property in the name his 2 sons (3rd & 4th Child of his) while he is alive. What is the procedure for such a transfer?

SRINIVASA PRASAD Warangal A.P (LEGAL PRACTIONER ) 11 May 2015

If the property is the self acquired of your father he can tranfer the property by a gift deed or if he needs funds for his personal needs he can sale the property by way of sale deed, in case u can purchase the same under registered sale deed by showing that you have purchased by paying sale consideration to your father.

Dr J C Vashista (Advocate) 12 May 2015

It can be transferred either through a gift deed or sale deed, where both the documents attract stamp duty and registeration charges as levied by UP Government.

Consult a local lawyer for proper advise and proceeding.

T. Kalaiselvan, Advocate (Advocate) 12 May 2015

the stamp duty for gift deed will be minimal than that of the registered sale deed, The option before you is to go for a gift deed. Consult a lawyer in person, discuss the issues and ge the issue suitably drafted as per the circumstances.

Jitendra Singh (Manage) 14 May 2015

Thanks a ton to all !!

Now I have my answer,

Thanks again!!

Regards

Jitendra

Biswanath Roy (Advocate) 14 May 2015

Gift Deed by your father is the best way for transferring title of the property. If your father is incapable to move you can call sub-Registrar at your home paying fees and costs which is affordable.