father dying intestate property registered in own name singlly
Querist :
Anonymous
(Querist) 19 July 2011
This query is : Resolved
dear sir,
our father died two years back intestate..
a house is registered in his sole name.
we are three daughters of our parents and there are no brothers.
WE LEARN THAT SINCE FATHER DIED INTESTATE THE IMMOVABLE PROPERTY FALLS IN THE HANDS OF ALL FOUR OF US, MOTHER AND WE THREE DAUGHTERS.
WE THREE SISTERS WANT THAT WE ABDICATE OUR RIGHT TO THE PROPERTY IN FAVOUR OF OUR MOTHER.
SUBSEQUENTLY MOTHER SHALL WRITE A WILL MAKING ONE OF US AS AN EXECUTOR , STATING THAT THE PROPERTY BE SOLD ON HER DEMISE AND THE PROCEEDS SHARED EQUALLY AMONGHST US.
JUST WANT TO KNOW IN DETAIL HOW TO GO ABOUT IT.
THE PROPERTY CANNOT BE DIVIDED.
THANKS
MINA KALA
JULY 19,11
R.Ramachandran
(Expert) 20 July 2011
Your understanding of the legal position is absolutely correct.
In order to make the entire property in the name of your mother, you daughters have to first relinquish (by means of a Registered Relinquishment Deed) your respective shares in the property left behind by your father, in favour of your mother.
On the basis of the said registered relinquishment Deed in her favour, your mother can get the entire property mutated in her name.
Thereafter, she can write a will (registered will would be preferable) in the manner in which you had envisaged.
You have to find out from the sub-Registrar's office concerned, as to what is the applicable stamp duty for relinquishment deed.
Querist :
Anonymous
(Querist) 20 July 2011
thanks sir
would act on your advice sir
Querist :
Anonymous
(Querist) 20 July 2011
SIR,
WOULD ANY PERSON ADVISE ME AS TO WHAT WOULD BE THE REGISTRATION EXPENSES FOR A RELINQUISHMENT DEED OF PROPERTY EXECUTED IN U.P.?
I HAVE BEEN THROUGH THE STAMP ACT AND DO NOT FIND ANY HEAD ' RELINQUISHMENT'
OTHER PROPERTY HEADS SHOW 2 % CONSIDERATION.
I AM TOLD BY A LAWYER IN LUCKNOW THAT THE STAMP DUTY ON A RELINQUISHMENT DEED IN UTTAR PRADESH, FOR WOMEN, REPEAT FOR WOMEN IS 7 % UPTO 10 LACS AND 8 % BEYOND.
IS THERE ANY METHOD THAT A RELINQUISHMENNT DEED WITHOUT CONSIDERATION IS LEGALLY VALID WITHOUT ENTAILING SUCH HEAVY EXPENDIUTURE
VINAY KALA
JULY 20,2011
Ashok Yadav
(Expert) 20 July 2011
The advocate you contacted is telling about stamp duty on sale/gift deed. Stamp duty on relinquish deed will be nominal. I dont know about UP, but in Haryana one can execute relinquish deed on a stamp paper of Rs. 20/- only, and other expenditure are approx Rs- 500/- only. Advocates fees is not included in it.
Querist :
Anonymous
(Querist) 20 July 2011
I UNDERSTAND SIR
WILL FIND OUT IN U.P. SIR.
BUT SIR WOULD THE RELINQUISHMENT DEED WHICH WILL REQUIRE COMPULPSORY REGISTRATION AT THE SUB REGISTRARS OFFICE TO HAVE LEGAL VALIDITY.
IF SO IT WOULD ENTAIL A HEAVY EXPENDITURE OF AROUND 4 LACS AND WE WONDER IF IT WOULD BE WORTH IT
DO ADVISE SIR
MINA KALA JULY 20,11
R.Ramachandran
(Expert) 20 July 2011
How did you arrive at the expenditure of Rs. 4 lakhs?
Querist :
Anonymous
(Querist) 20 July 2011
THE HOUSE IS ON A PLOT OF 500 SQ METRES .
THE CIRCLE RATE IS 10000 PER SQ MTR.
THE PLOT ITSELF IS VALUED AT OVER RS 50 LACS.
I AM INFORMED THAT THE REGISTRATION FEE AT THE SUB REGISTRAR OFFICE IN LUCKNOW FOR WOMEN IS RS 700 PER SQ MTR TILL 10 LACS AND AT 800 PER SQ MTR BEYOND.
SINCE IT HAS TO BE COMPULSORILY REGISTERED FOR LEGAL VALIDITY THIS SHALL BE THE EXPENDITURE.
MINA KALA JULY 20,11
