Property will
Ali
(Querist) 03 December 2014
This query is : Resolved
I need advise on the following matter...
I am from muslim family and youngest son having 2 elder sisters. One sister is married.
My father and mother are no more.
Before his death, my father had created a will and written ownership of his house in my name (my mother was already dead by that time). On the will my 2 sisters had signed that they will not lay claim to the property in future. My father had got the will registered in tehsil with the help of a lawyer and counter signed by 2 witnesses from my side.
I need to know that with my father dead do I need to do anything with the will? Do I need to transfer the will in my name? If yes, is there any cost attached to it? My father had expired in 2008 and I have not done anything till now. Will it have bad impact on me? I am regularly paying house tax and all utility bills but they are in my father's name.
I also want to give share to the property to my 2 elder sisters. How can I do that and what is the process? Is there a cost associated with it?
ajay sethi
(Expert) 03 December 2014
you should apply for mutation of property in your name on basis of registered will . since your sisters have no objection property would be transferred in your name .
you can subsequently execute gift deed in favour of your sisters if you so desire to give them share in property . have it duly stamped and regd
Ali
(Querist) 03 December 2014
Thanks Ajay sir for replying.
Is there a cost involved to get mutation of property in my name? The said property is in U.P.
ajay sethi
(Expert) 03 December 2014
you will have to incur some expenses for mutation of property in your name
Ali
(Querist) 03 December 2014
Is there a hindi name for 'mutation'? The lawyers in the tehsil do not understand what mutation is.
ajay sethi
(Expert) 03 December 2014
Mutation means transfer or change of title in the records of the local municipal body for the concerned property . in hindi it means Sampatti kā utparivartana
ajay sethi
(Expert) 03 December 2014
Mutation of property (Dakhil Kharij in hindi) means recording the transfer of title of a property from one person to another in the revenue records usually the municipal records. This is also termed as Jamabandi.
Ali
(Querist) 03 December 2014
Thanks...
When I go in for getting gift deed, how is the cost of the registration calculated?
The gift deed would be from a brother ie., myself (donor) to my sisters (receiver).
ajay sethi
(Expert) 04 December 2014
check with your lawyer charges for registration of gift deed in UP
Sailesh Kumar Shah
(Expert) 04 December 2014
in uttar pradesh stamp duty for gift deed is 7%.
Rajendra K Goyal
(Expert) 05 December 2014
Consult and take help of your lawyer.
T. Kalaiselvan, Advocate
(Expert) 08 December 2014
The query has been very well addressed by experts. Thus the immediate action is to transfer the property on your name through revenue records and you may decide about gifting away a portion to your sisters after that.
