Re-registration

Querist : Anonymous (Querist) 24 December 2020 This query is : Resolved
Hi,

I have a property registered under my name as well as my co-brother. I would like to know if I can re-register it in my wife's name (with the co-brother) and if so, what is the process?

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Isaac Gabriel (Expert) 24 December 2020
It is procedure which could be asceratained with the Registrar offic or document writer.

kavksatyanarayana (Expert) 24 December 2020
You and your co-brother can gift the property to your wife.

Advocate Bhartesh goyal (Expert) 24 December 2020
For re- registration of the property in your wife's name with your co - brother ,you have to gift your share in property to your wife.

N.K.Assumi (Expert) 25 December 2020
Honestly speaking, I don't want to respond anonymous query, but this query is rather important for me.There is so much confusion over such matters regarding stamp duty. The property is registered in the name of the purchaser, now he wishes to give it away by way of sale or gift, and if he does so, is it liable for stamp duty for the second time or third time, or in every case of sale or gift? I am of the view that no stamp duty or double stamp duty is require over the same registered property. Please correct me if I am wrong.

Dr J C Vashista (Expert) 25 December 2020
Since it would be transfer of title by sale or gift, each transaction shall have to be registered, which would attract stamp duty.

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Rajendra K Goyal (Expert) 25 December 2020
Agree with the advice from expert Dr. J.C. Vashishta.

Dr J C Vashista (Expert) 26 December 2020
Thank you very much Mr. Rajendra K Goyal ji for agreeing with me.

P. Venu (Expert) 27 December 2020
To my understanding, the property is the joint holding of the author and his co-brother. The author can transfer or bequest his (undivided) share to wife. If a case of transfer (in all probability, a gift) the conveyance deed needs to registered. As such, payment of stamp duty is unavoidable.

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