Name transfer of residential property
Roopak
(Querist) 13 April 2017
This query is : Resolved
Hello Sir,
THE CASE:
The said residential property is in Aligarh, U.P . It is not an ancestral property. The registered owner of the property was my grandfather, who passed away 20 years ago. The mutation of the property was never done, hence the property is still in his name. He had no will. My grandmother died 5 years ago. Now my grandparents had 3 sons. One of which is my dad. Out of the three sons, one does not want the property at all. Hence the remaining interested parties are the two sons. The market value of the property is 20 Lakh Rupees.
Question:
1. What is the procedure to transfer the property from my grandfather's name to the two interested sons ? How does the third son relinquish his right ?
2. What all documents would be required ?
3. How many days would the procedure take?
4. What would be the total cost ?
5. Could you also kindly mention the aprox U.P stamp duty charges for the mutation of the property? (Since different States have different Stamp Duty Charges)
Thank you.
Adv. Yogen Kakade
(Expert) 15 April 2017
Ask your father to apply for the succession certificate from the court.
Get the release deed executed by your uncle who is not willing to have any share in the property.
Submit those documents with the revenue officer of the area where the property is located.
No stamp duty applied here except for the release deed, and if the release deed is without any consideration, then the cost shall me nominal.
Contact a local lawyer.
Rajendra K Goyal
(Expert) 15 April 2017
Question:
What is the procedure to transfer the property from my grandfather's name to the two interested sons ?
Reply:
Apply to the revenue authority and the Municipality for entering mutation.
Question:
How does the third son relinquish his right ?
Reply:
He can execute registered relinquishment deed.
Rajendra K Goyal
(Expert) 15 April 2017
Question:
2. What all documents would be required ?
Reply:
Registered relinquishment deed, heir ship certificate, affidavits, death certificate etc.
Question:
3. How many days would the procedure take?
Reply:
Can not be predicted, should be in 15 days or so if all formalities completed.
Rajendra K Goyal
(Expert) 15 April 2017
Question:
4. What would be the total cost ?
Reply:
Discuss with local lawyer / document writer / registrar office.
Question:
5. Could you also kindly mention the aprox U.P stamp duty charges for the mutation of the property? (Since different States have different Stamp Duty Charges)
Reply:
Discuss with local lawyer / document writer / registrar office.
Raj Kumar Makkad
(Expert) 15 April 2017
As the property in the hands of your father and his brothers is personal property so it cannot be regarded as an ancestral property so the benefit of the scheme of transfer of the property between coparceners without stamp duty (nominal duty of Rs. 500/-) as prevalent in UP is not available in your case.
In the given facts, a Partition-deed is required to be made as a rule of law means file a civil suit wherein your uncle shall relinquish his share and rest of the property shall be partitioned as per mutually agreed deed and once it is decreed, get it recorded in the record of municipality or elsewhere it is required.
Lawyer;s fee is negotiable everywhere.
Raj Kumar Makkad
(Expert) 15 April 2017
No separate stamp duty is required in the above-noted process.
Hemant Agarwal
(Expert) 02 May 2017
1. In the absence of any will or documents, the best legal recourse is to Execute a duly stamp duty paid and registered "Family Settlement Deed", with all the strategic clauses, by all the relevant legal heirs. Such "Family Settlement Deed" may be in favour of a single or multiple existing legal heirs.
2. U.P. Stamp Duty is 7% of the declared value of the property. Such "Family Settlement Deed" will be legally final and conclusive for all lawful Title-Ownership purposes (Sale /Rent .... ), at the hands of all the legal heirs of the original Title-Owner, without any exceptions.
Keep Smiling .... Hemant Agarwal
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