Property transferred through will
HIMANSHU SHARMA
(Querist) 02 December 2014
This query is : Resolved
Plz give your valuable advice on my personal matter.
Actually we have three brother and one sister all four are unmarried, presently my father & grandfather is no more, my grandfather transferred our residential property to her four grand sons means us. We file an application to Nagar Nigam, for Property name transfer from grather father to four grand sons, in this process, one staff person advice us to transfer all rights to mother through (HUK TYAG), We all four transferred property through HUK TYAG, while file goes to Revenue Dept in Nagar Gigam they asked theres is an leakage of revenue, they said transferred can be possible through Gift deed or Sale.
Presently I am facing this problem plz help me what I do, Basicaly i belongs to jaipur.
waiting your reply
Devajyoti Barman
(Expert) 02 December 2014
No property can be transferred with a registered deed of transfer.
To transfer the properties in your respective names, transfer of it in favour of your mother is not at all required.
Satya nand aggarwal
(Expert) 03 December 2014
Mr himanshu
well advised by barman
U have not mentioned how it was transfered but I guess must be on the basis of will if it is, then no need to make any kind of registered deed. It can be transfered on the basis of will. If the department is not doing so ,then only remedy is to file civil suit for declaration as well as mandatory suit making the department as a party in the suit.
malipeddi jaggarao
(Expert) 03 December 2014
Grand father transferred the property in favour of his four grand sons. What is the mode of transfer? By will or gift deed? If it is gift deed, it might have been registered. That copy is enough for you people for applying mutation of property in your names. If it is Will, obtain a probate from court and apply for mutation. The involvement of your mother is not required as you got the property directly from your grandfather.
Rajendra K Goyal
(Expert) 03 December 2014
Move to transfer the property in your names in Municipal records, no legal need of transferring it in the name of your mother.
ajay sethi
(Expert) 03 December 2014
it appears your grand father left will in favour of his 4 grand sons . on basis apply for mutation of property in name of 4 grand sons . no relinquishment deed in favour of mother is necessary . it is not necessary to execute gift deed or sale deed in favour of mother
HIMANSHU SHARMA
(Querist) 03 December 2014
first thank to all of you who gave valuable advice.
today i duscussed with NAGAR NIGAM, department told me to made gift deed, plz advice what is the rate of gift deed and amount which was payable under gift deed. My Property are 404 sq feet.
waiting your reply
Shailesh Kr. Shah
(Expert) 03 December 2014
stamp duty varies state to state.
you have to contact local lawyer for it.
Shailesh Kr. Shah
(Expert) 03 December 2014
you have still not stated that any 'WILL' is executed. whereas subject of query contains 'will'.
you should also go through to opinions of learned expert sh. ajay sethi.
HIMANSHU SHARMA
(Querist) 03 December 2014
shah sahib,
my grand father transferred property through 'REGISTERED WILL' to us (grandson) and we want to transfer property to my widow mother.
plz advice whether stamp duty is applicable while we transfer property to My widow mother through gift deed.
Anirudh
(Expert) 03 December 2014
After the WILL made by your grand father, the property has become the property of you four brothers. If you want to transfer the said property in favour of your mother, it can be done only in the following ways:
1. GIFT - It will involve stamp duty.
2. SALE - It will involve stamp duty.
It is not clear why you people want to transfer the property in your mother's name?
What is the purpose and idea? You have to clarify.
HIMANSHU SHARMA
(Querist) 03 December 2014
Aniruth sir,
actually our file in process in NAGAR NIGAM, and due to wrong advice by dept staff we created a HUK TYAG in the name of my mother, and in process when file go to revenue dpt they told that there is a revenue leakage of stamp duty, they advice us to rectify this HUK TRAG, plz prepare GIFT DEED in favour of mother.
SIR my mother is widow, whether stamp duty is applicable property transfer to widow
malipeddi jaggarao
(Expert) 03 December 2014
NO exemption for widows from stamp duty. Better execute a registered gift deed.
Anirudh
(Expert) 04 December 2014
Dear Himanshu,
Even now you have not clarified my following specific queries:
It is not clear why you people want to transfer the property in your mother's name?
What is the purpose and idea? You have to clarify.
Shailesh Kr. Shah
(Expert) 06 December 2014
it would be better to retain property in your and your brother name to avoid stamp duty.
you have still not clear that what is reason to transfer the property in your mother's name.
T. Kalaiselvan, Advocate
(Expert) 07 December 2014
You may answer the queries raised by experts for further opinions to your query
