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Adding name to property

(Querist) 10 August 2016 This query is : Resolved 
Property location : Mulund, Mumbai

My father & mother have a property registered in their name. My father has passed away in 2009.

My mother now needs to add son and daughter [not married] name to the property and get shares accordingly. Society has sent us a notice to get this done by Spe 2016.

Need answer to following questions:

a. Is it possible to add son and daughters name to the property?

b. What charges will be required to be paid to society?

c. Will there be any stamp duty to be paid and if yes, how is the calculation to be made. Will stamp duty charges vary if we add one or two names or it is fixed?

d. Will share certificate reflect the changes made if stamp duty is not paid.

Kindly help
Regards
Anup
Kumar Doab (Expert) 10 August 2016
It is believed that you are Hindu.


The share of father shall devolve upon ClassI legal heirs i.e. wife, sons, daughters.


Obtain requisite forms from society and submit with requisite enclosures,under proper acknowledgment.


The charges etc can be inquired from society,local counsel.
Rajendra K Goyal (Expert) 10 August 2016
a. Yes
b. Refer society rules.
c. Depend on state stamp rates.
d. Yes.
Raj Kumar Makkad (Expert) 12 August 2016
As the society has already issued notice in response to the application of your mother, better to make compliance of that notice and the requirements of the society in given case, Legally you and your sister are co-sharers of 1/3 each in the property left by your father.


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