legal advice on property
Guest
(Querist) 02 June 2011
This query is : Resolved
sir, I am the owner of a land piece of 1 bigha which was financed by my father in the year of 2000. now my father made a house there in 2006. my parents have no problem but my brother have some problem in this regard.
so now i want to give this ownership to my mother.
please give me the best advice that can be in terms of minimum cost.
Devajyoti Barman
(Expert) 02 June 2011
If you are the registered owner of that land then you could transfer that land to anybody you wish including your mother.
From the point of view of stamp duty as available in Bengal the cost is lesser if you go for deed of gift.
R.Ramachandran
(Expert) 03 June 2011
Dear Mr. Haren,
Since the piece of land is in your name (registered I believe), and the house has been constructed on the said land, naturally you are the owner of the same.
LEGALLY YOU HAVE NO PROBLEM WHATSOEVER. Even your father and mother cannot claim anything from you.
Even your brother cannot legally object to it.
However, it seems that in order to maintain family cordiality and to buy peace in the family, you want to transfer the property in the name of your mother. If you really have to transfer the property in the name of your mother, then go ahead as advised by Mr. Barman.
BUT REMEMBER, ONCE YOU TRANSFER THE PROPERTY IN YOUR MOTHER'S NAME (BOTH LAND AND BUILDING), THEN YOU CANNOT GET IT BACK EVEN AFTER HER LIFE TIME - UNLESS SHE LEAVES A WILL IN YOUR FAVOUR. OTHERWISE THE PROPERTY WILL HAVE TO BE SHARED BETWEEN ALL THE LEGAL HEIRS EQUALLY.
R.Ramachandran
(Expert) 03 June 2011
Dear Mr. Haren,
Since the piece of land is in your name (registered I believe), and the house has been constructed on the said land, naturally you are the owner of the same.
LEGALLY YOU HAVE NO PROBLEM WHATSOEVER. Even your father and mother cannot claim anything from you.
Even your brother cannot legally object to it.
However, it seems that in order to maintain family cordiality and to buy peace in the family, you want to transfer the property in the name of your mother. If you really have to transfer the property in the name of your mother, then go ahead as advised by Mr. Barman.
BUT REMEMBER, ONCE YOU TRANSFER THE PROPERTY IN YOUR MOTHER'S NAME (BOTH LAND AND BUILDING), THEN YOU CANNOT GET IT BACK EVEN AFTER HER LIFE TIME - UNLESS SHE LEAVES A WILL IN YOUR FAVOUR. OTHERWISE THE PROPERTY WILL HAVE TO BE SHARED BETWEEN ALL THE LEGAL HEIRS EQUALLY.
Arif Iqbal
(Expert) 03 June 2011
Mr Ramachandran is right.
prabhakar singh
(Expert) 03 June 2011
YOU ARE ABSOLUTE OWNER OF THE LAND(IF REGISTERED IN YOUR NAME)SO ALSO OF THE HOUSE,NO MATTER YOUR FATHER CONSTRUCTED IT,SUCH BEING THE CASE YOU HAVE TRANSFERABLE TITLE VESTED IN YOU AND ENJOY A SWEET WILL TO DISPOSE IT ANY BODY FAVOR.
IF YOU WANT TO LOOSE THIS TITLE IN YOUR LIFE TIME FOR BUYING A PEACE YOU CAN DO SO BY GIFT WHEREUPON STAMP DUTY WOULD BE CHARGED ACCORDING TO STATE LAW WHERE PROPERTY SITUATE.
BUT IF AT ALL IT IS YOUR BROTHER WHO IS CREATING PROBLEM WHY NOT YOU DECIDE TO GIVE 1/2 OF LAND AND HOUSE TO YOUR FATHER ,MOTHER AND BROTHER JOINTLY AND KEEP YOUR FATHER AND MOTHER FREEE THAT THEY WILL DISPOSE THERE 1/3RD,1/3 AS PER THEIR CHOICE. THIS ACTION WILL REDUCE THE COST TO 1/2 STAMP DUTY BECAUSE YOU WOULD TRANSFERRING ONLY 1/2 OF YOUR TITLE AND RETAINING THE OTHER 1/2,AND SHALL ALSO STAND SAFE FOR YOUR FUTURE WITH RESPECT TO 1/2 OF YOUR RIGHTS. I OPINE IT TO BE BEST AND ONLY JUST COURSE AS NO BODY NO WHO WILL DO WHAT IN FUTURE.
