Withdrawal of name from flat
bts
(Querist) 23 April 2012
This query is : Resolved
Respected Lawyers
My father had purchased a flat which was then transferred in the name of my mother and me by the society and the names are jointly appearing on the share certificate. I and my mother have not contributed anything in the purchase of the said flat. Now I would like to remove/withdraw my name from the flat and want the said flat entirely in the name of my mother. What deed I have to go for? Since I and my mother have not contributed anything in the purchase of the flat, can I go for Relinquish Deed on the Rs. 200/- stamp paper?Can the said flat be called inherited property? Please advice.
btsuno
Devajyoti Barman
(Expert) 23 April 2012
You have to go for registered deed of relinquishment for which stamp duty is much more.
It would not be regarded as inherited property of your mother.
ajay sethi
(Expert) 23 April 2012
yes you cna go in for relinquishment deed . get it regsitered .
Raj Kumar Makkad
(Expert) 23 April 2012
Gift deed is best option. Even though you both contributed nothing but even then you both are owners in possession of the property and none other person can snatch ownership rights from you.
There is no any preference in stamp duty on this ground.
Shonee Kapoor
(Expert) 23 April 2012
This query has been asked elsewhere too.
Both options are open to you.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
prabhakar singh
(Expert) 24 April 2012
Be it a relinquishment deed or a surrender deed or a gift deed as any of your option but stamp duty would be payable in accordance of duty prescribed in stamp law of the state where property situate and NOT ON TOKEN OF Rs.100/00 as you are perceiving,the next NECESSITY WOULD BE TO GET SUCH DEED REGISTERED.NO OTHER LAW FULL WAY.
bts
(Querist) 24 April 2012
Thanks to all the experts opinion but the reply to my query varies from one lawyer to another.Mr. Ajay Sethi, Shonee Kapoor agrees for relinquish deed but others are not . So what does the law say. Please advise
bts
(Querist) 30 April 2012
kindly reply to my query posted five days a ago after the answers received which differed from one lawyer to another.Pl.reply.Thanks
