Paternal property to only son
Pritam
(Querist) 28 January 2013
This query is : Resolved
Dear Sir,
My late father owns a single residential property. He is survived by Wife, 1 Married Son and 8 Married Daughters.
The 8 daughters recently registered relinqueshment deed on the said property in the name of the wife and the married son.
The widowed wife is immobile due to ill health and wants to transfer her portion of the said property to her only son to avoid any future hassles.
What are the options available for this?
1). Can she gift her portion to her son? What are the pros and cons of this ? What does it cost?
2). Can she relinquesh her portion to her son while she is alive?
3). What is the easiest and hassle free way of doing this?
Please advice.
Pritam (Son).
Devajyoti Barman
(Expert) 28 January 2013
1. Yes, no demerit.
2. In WB it is 1.7%
3. Deed of gift.
ajay sethi
(Expert) 28 January 2013
mother can execute deed of gift in favour of son have it duly stamped and regd .
Pritam
(Querist) 31 January 2013
1. In deed of gift - do we need to pay registration cost to Sub-Register office w.r.t the cost of the property?
2.Can my mother relinquesh her portion to me (son) while she is alive just like my 8 sisters did?
The proerty is located in Orissa.
Thanks for your expert advice
Y V Vishweshwar Rao
(Expert) 31 January 2013
After Registration of the Relinquishment Deed by 8 Daughters -you and Mother are only the Property Joint Owners - Joint Owners- Mother can execute and Register the Gift Deed/ Relinquishment Deed !
prabhakar singh
(Expert) 31 January 2013
In the case of Gift as well as in the case of Relinquishment deed,stamp duty as well as registration fees both would be payable as per stamp Act of Orissa.
It is possible for to opt any of the two deeds depending upon cost involve.
Pritam
(Querist) 31 January 2013
Thank you sirs for the prompt response.
So do i need to do a mutation fisrt and get the ownership changed from my late father to me and my mother and then execute the gift/relinquishment deed from my mother?
OR
Can my mother relinquish her share to me first and then i can go for mutation along with the relinquishment of my 8 sisters?
ajay sethi
(Expert) 31 January 2013
why dont you raise all your questions at one time ? why you raise peicemeal queries . contact your local lawyer
Pritam
(Querist) 31 January 2013
My apologies for the inconvinience caused Sir. Further questions are based on the answers received.Local lawyers are misleading hence seeking your expert advice.
All i want to know is - if my mother can give her share to me and along with 8 sisters relinquishment - if one time mutation can be done so the ownership is directly transfered to my name.
What is the easiest way my mother can give her share to me?
I promose this is my last and final question to this forum. Requesting your expert advice.
