Transfer of property
ABC.......
(Querist) 21 August 2009
This query is : Resolved
A house property is owned jointly by a father and a son equally. Father holds power of attorney to sale, renovate etc. Can a property be transferred in fathers name just by giving an advertisement in newspaper.
Adinath@Avinash Patil
(Expert) 21 August 2009
If father holds power of attorney for sale of house property.He can transfer transfer said property executing registered sale deed.But just giving advertisement in newspaoer one can't transfer immoveable property.
Kiran Kumar
(Expert) 21 August 2009
i agree with Mr. Patil.
every transfer of title in a immovable property valuing more that Rs.100/- ha to be by way of Registered Deed.
mere advertisement does not transfer the title.
Y V Vishweshwar Rao
(Expert) 21 August 2009
I Agree with lerned friends !
Father is holding Power of attorney only from his son - to Sell and Renovate , is there any authorisation by son to father to sell the proerty to himself /father !
A paper Publication for - for sale of proerty - Father holding POP to Sell or renovate the proerty .
Father should get a Sale / Releaese/ Relinquishment Deed( inrespect of the Half share of Son ) Executed and Rgistered by his son to become exclussive owner of the proerty
n.k.sarin
(Expert) 21 August 2009
I agree with Mr Patil.
kiran kumbhar
(Expert) 21 August 2009
Hi Geetia,
Your question is, Can a property be transferred in fathers name just by giving an advertisement in newspaper?
So the answer is - No.
But there is one other way to transfer the property in father’s name.
The son has to execute and register a Release Deed. In Release Deed he will let go all his rights over that property and his father will be absolute owner of that property. The son shall have no right over the property after that Release Deed.
If you file the mater for adjudication with the District Registrar it will reduce the stamp duty on the Release Deed. Normally the stamp duty is calculated on the half share of the son.
Advocate SK Rohilla New Delhi
(Expert) 21 August 2009
Geetia, I am partly agree with Mr. Kiran.
Please understand the implication of Release Deed. It is just sepration and determination of already possessed right and does not cerate a new rights.
A document which create partion of joint family property need not be registered, hence stamp duty is not payble.
However, a partition may be effected by mere communication of intenstion to do so. Therefore Advertisement may be given as prudent caution.
Somnath mukherjee
(Expert) 21 August 2009
No you change the same by registration deed
VIKAS RAJ CHHAJER
(Expert) 25 August 2009
Please i don't want to advice as there is strike in our district so please pray for us that our high court may not broke and we may live unitedly.
For your matter i will respond but after few days.
Vikas Raj Chhajer
Y V Vishweshwar Rao
(Expert) 26 August 2009
Dear Vikas may I know what is the cause for the Stike -details may be posted in the News Section !
