Tranfer of shop and flat
Mohammed Ashraf
(Querist) 17 October 2011
This query is : Resolved
I want to transfer a shop and a flat in my name which my mother gifted me,i have two brothers and one sister, kindly guide me to the procedure and what will be the charges of stamp duty and registration and society transfer according to property law,please guide me in detail
Thanking You
M.Sheik Mohammed Ali
(Expert) 17 October 2011
where are you from ? which of type of transfer will do ?
Shailesh Kr. Shah
(Expert) 17 October 2011
Answer the following:-
1.Gifted shop and flat was received by you through registered deed ?
2.In which place flat and shop situated?
Mohammed Ashraf
(Querist) 17 October 2011
i want to make new document and register in my name, i am from mumbai
Mohammed Ashraf
(Querist) 17 October 2011
my mother told to make gift deed and she will come to register office both the flat and shop are in Mumbai,so guide me what the procedure in detail sir
ajay sethi
(Expert) 17 October 2011
if you are owning shop in co-operative society then society will levy transfer charges amounting to rs 25,000/
in addtion gift deed would be need to be stamped and registered . registration charges are rs 30,000/ . stamp duty charges would depend upo n value of property that is gfited .
prabhakar singh
(Expert) 17 October 2011
In your case being a Muslim practicing Islam,
GIFT CAN BE ORAL ALSO ACCOMPANIED BY POSSESSION OF SHOPS & FLATS BY YOUR MOTHER TO YOU AND BY ACCEPTANCE OF YOUR'S OF THE SAME.
WHERE AFTER YOU CAN GET IT CONFIRMED BY A SUIT OF INJUNCTION FILED AGAINST OTHER HEIRS OF YOUR MOTHER ON THE BASIS OF PLEADING OF ORAL GIFT BY MOTHER.THIS WOULD SERVE AS VERY COST EFFECTIVE IN YOUR CASE.
Otherwise a registered Gift will require STAMP DUTY as per sale deed as per market valuation of property togather with registration fees for which you may verify frm sub registrar office of the area where property situate.
Shailesh Kr. Shah
(Expert) 17 October 2011
I completely agree with views of Shri Prabhbakar Singh.
Devajyoti Barman
(Expert) 17 October 2011
The Muslim gift does not require registration.
However since our siblings has may challenge such transfer in future it is better if you execute the same in writing and make your brothers ans sister conforming parties in it.
prabhakar singh
(Expert) 17 October 2011
if YOU GO BY WRITING AS mr. barman SUGGESTS IT WILL ATTRACT registration and stamp duty,he may in tern cite a ruling ,the true import whereof has not been understood by many and all can not make that.
