Family property in chandigarh .
Anmol
(Querist) 29 December 2012
This query is : Resolved
Can Uncle(chacha) transfer his share in ancestral property to his nephew(real brothers son) under family transfer , how much court fee's is charged on same .
Devajyoti Barman
(Expert) 29 December 2012
He can do so only with the consent of other legal heirs.
For stamp duty contact local lawyer.
Anmol
(Querist) 30 December 2012
the ancestral property is already transferred to three legal heirs(namely A,B,C) via registered will , now A wants to transfer his share to B .
prabhakar singh
(Expert) 30 December 2012
A will comes into operation only after the testator's death (chacha here).A can transfer
to be only that much of share that A owns in ancestral property but not the share he is expecting to get due to will from his chacha.
To fulfill such an intention the very will is required to be revoked and rewritten a fresh by codicil where A would be dropped to inherit from his chacha and only B n C would be made entitled to inherit.
So at present A can transfer to B only that much what he presently owns excluding the share he expects to inherit by will,via a QUIT DEED (registered relinquishment deed)on which stamp duty and registration fees would be payable as per local law of state which can be verified from sub registrar office or from a local lawyer.
Anmol
(Querist) 30 December 2012
Thank you , prabhakar sir !
ajay sethi
(Expert) 30 December 2012
well advised by prabhakar singh
Raj Kumar Makkad
(Expert) 01 January 2013
As the property is ancestral and has been partitioned among A, B & C and now A wants to transfer the same in favour of B then he requires simply a Relinquishment Deed to be got registered on a stamp duty of Rs. 500/-. There is no major formality in States of Punjab & Haryana for this purpose as advised by Mr. Singh.
