Transfer of flat

M.K.Ganatra (Querist) 19 November 2014 This query is : Resolved
Dear All,

My brother has nominated his wife as nominee of the flat at the time of purchase. Later he made a will and in the Will beside other properties he has given the said flat to me. He died in the month of December last year. His wife is ready to transfer the said flat in my name.

I want to know that first the flat is to be transferred to her name and then to my name or I can directly transfer the flat in my name.

I am told by my friend that if she transfer on her name and later to my name she will have to pay property gain tax while transferring to me. She may have to pay wealth tax also. Can we directly transfer the flat by obtaining Probate from the court.

Please guide.

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