How to take full legal ownership of a joint owned property
Querist :
Anonymous
(Querist) 10 October 2025
This query is : Resolved
Hi, Am Shekhar a resident of Hyderabad. I have an elder brother. We both jointly own a residential property which is gifted by my mother through a gift deed. Right now due to financial requirements, my brother is persuading me to agree to the sell that property. Instead of selling it to a third person, I've proposed my brother that I'll take the full ownership of that property by giving him the amount equivalent of his share as per market, so that we don't need to look for a buyer for the property.
So, please help me what is the best way to take the full legal ownership of the property so that there wont be any legal issues in the future between me and my brother?
Additional information:
My mother is a widower and we are two sons. Am the younger one and unmarried.
My brother is married and has a daughter and son.
My mother has acquired the said property through Virasat from my grandfathers name and she has given it to both of us through a gift deed executed and registered at the local MRO office.
kavksatyanarayana
(Expert) 10 October 2025
Your brother shall relinquish his 1/2 share rights to you through a registered release deed for a consideration as you mutually agree. The stamp duty shall be paid on the consideration or Market Value, whichever is higher. The Gift deed executed was not registered at the MRO office.
Dr. J C Vashista
(Expert) 11 October 2025
Your brother may sell /gift or relinquish his share in the property.
Stamp duty + Registration charges shall be paid as applicable as per rules of your State, which differ from a State to another, where there is no stamp duty for RD in Delhi and full duty for gift / sale deed.
Querist :
Anonymous
(Querist) 11 October 2025
@kavksatyanarayana sir, would like to correct your above comment the gift deed was executed and registered at the MRO office. So sir you mean to say instead of going for a Sale deed registration we opt for the Release deed registration at the same MRO office?
T. Kalaiselvan, Advocate
(Expert) 11 October 2025
It is advisable that you purchase his share of property by a registered sale deed and not by a release deed.
If the property was inherited jointly by both the concept of release deed would be more relevant and proper but this was transferred to both of you by a registered gift deed, hence the appropriate way of acquiring his share may be by a registered sale deed.
kavksatyanarayana
(Expert) 12 October 2025
In Hyderabad, the Sub Registrar will register the documents, whereas the MRO will not. You stated that the release deed registered by the MRO is incorrect; it may have been registered by the SRO.
P. Venu
(Expert) 17 October 2025
To my understanding, in the absence of proper gift deed duly executed, the property continues to vest with the mother. Neither the querist nor his brother has any rights and interests in the property unless the mother duly executes and registers the deed.
Dr. J C Vashista
(Expert) 18 October 2025
You have queried that, "what is the best way to take the full legal ownership of the property so that there wont be any legal issues in the future between me and my brother?"
In conseqence of gift deed stated to have been executed and registered by the donor i.e., your mother both of you have equal and absolute share in the prperty. In order to acquire sole title ownereship) of the property it is appropriate to get a sale deed executed and registered by your brother.
P. Venu
(Expert) 18 October 2025
The querist admits that "she has given it to both of us through a gift deed executed and registered at the local MRO office."!
To my knowledge, MRO denotes Mandal Revenue Office as Taluka Offices are designated in Andhra Pradesh. How could a conveyance deed be executed and registered in MRO (i.e before a Tahsildar or Mamlatdar.
Prima facie, the property has been mutated in the Revenue Records, but no conveyance (gift deed) has been duly executed. As such, there are no rights interests vested with the brothers unless said transaction happens to be HIBA under the personal law applicable to the Muslims.
Dr. J C Vashista
(Expert) 19 October 2025
Some states designate and/or depute additional responsiblity of Sub-Registrar to Tehsildar/ MRO.
P. Venu
(Expert) 19 October 2025
To my knowledge, MROs in Andhra Pradesh and Telangana are not so authorised to exercise the functions of SRO. Expert Shri KSVK Satyanaryana, who had served the Registration Department, has clarified this aspect. I also had served Andhra Pradesh for about six years and it is definitely the system that the documents are registered with the SRO.
