Transfer of house documents.
Kapil
(Querist) 01 February 2018
This query is : Resolved
My ,aunt is still alive and she have two son and a unmarried daughter . At present she is the owner of the house but she want to transfer the house ownership to her daughter.
So , what is the procedure to do so ?
*My aunt is widow.
Vijay Raj Mahajan
(Expert) 01 February 2018
She can transfer the house/immovable property by way of registered Gift Deed to her daughter. The Stamp duty and other property tax etc. will be paid for the transfer process, depending on the prevailing rates in the district/State where the property is situated. The only clarification about the property has to be under the sole ownership of the aunt not the family property where although the name of your aunt appears in the record as Karta/caretaker but it is ancestral or coparcenary or Hindu family property by nature and not her self owned property.
Kapil
(Querist) 01 February 2018
Thank you sir, I would like to raise one more question. Do her sons can raise any objection ?
Kumar Doab
(Expert) 01 February 2018
It is believed that all involved are Hindu.
If lady is owner/title holder of the said house; then is IT her self acquired/absolute property?
If NO How did IT devolve upon her and who was 1st owner say; her husband?
By which valid/registered deed lady has decided to transfer the aid property say; (Valid) WILL?
What is the age of her daughter in whose name lady want to transfer the property?
Kumar Doab
(Expert) 02 February 2018
Generically speaking; Title holder/owner can dispose her self acquired/absolute property I her life time in anyone’s favor by any valid/registered deed and does not need anyone’s consent for IT.
Noone should raise any objection, in such case.
However anyone can agitate and can approach authority/court of law….and in that case matter shall be decided on facts and merits…
Therefore it shall be important to get all property related docs and inputs duly examined from a very able LOCAL senior counsel of unshakable repute and integrity specializing in succession/testamentary/civil matters for a considered and proper legal opinion…..and to draft the suitable deed so as to defend future interest…..
This may cost some FEE but can defend long term interest and hard earned monies.
Dr J C Vashista
(Expert) 04 February 2018
The property is "self acquired" or ancestral? If self acquired she can dispose it off by "Gift" or Sale" Deed or executing a will.
Consult a local lawyer with relevant details for consideration, analyses, guidance and proceeding.
Kumar Doab
(Expert) 08 February 2018
Visit LOCAL courts complex/HC/SC and go thru the conduct and performance of counsels in such matters…………..
At online portals you can go thru the threads under profile of Member/Expert….
If you wish you may also search in LCI databank…at;
http://www.lawyersclubindia.com/lawyers_search/
