Bob Aranha (Retired) 20 October 2011

Transfer of family property

We have a small plot of land in Karnataka and the RTC is in the name of 6, 5 brothers and one sister. All are staying at different places and nobody is there to look after the property. Therefore, an option was given to any one out of 6, who wants to stay and look after the other properties belong to all, will be allowed to own and enjoy this plot of land bearing a separate s.no. which was signed by all on a Stamped Paper and notorized. This MOU is arrived at within the family members and one who will be owning the property is also one of the owners out of 6 and there is no buying and selling. When the document was given to the Registrar's office, the same was not accepted saying the same should be registered with payment of stamp duty.

My question is why this should be registered with payment of stamp duty at the existing rate of the land when the person in whose name it is to be given is also one of the owners. How can the owner himself has to purchase his own land? Can anyone enlighten me in this respect.

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3 Replies

a.poornachandrudu (advocate) 21 October 2011

When the land is in joint name and want to transfer singale name all the persons has to register office and tranfer the property to a single name of their shares after paying the valued registration fees, then only he will get the proper document to apply for jouse planning or apply for loan, or to sell, first of all we want know whether the the sight is purchased or ancestar property, I f it is purchased the other people has leave the right on that property by of registration as per legality

poornachandrudu advocate

Bob Aranha (Retired) 01 November 2011

The said property belongs to our parents - purchased by my father from the Moola gani and obtained through declaration. After fathers name it was transferred to our mothers name and after the death of mother, the land was transferred to her six children. Now all of them have agreed to assign it in one of the family member. There is no sale as it, in one way the property belongs to him too.

What is my contention is why one has to buy his own land and register it. When the transfer from father to mother and mother to children this kind of formalities were not involved. Only the death certificate was given.