Transfer of property title from Mother to sons

Querist : Anonymous (Querist) 26 November 2010 This query is : Resolved
Hi,

we are living in the home which is in the name of my grandfather. we are joint family. My father and his brothers family are also staying in this property itself. My grandfather is no more and left property in the name of my grandmother through will which is registered. Now we all are constructing the home by appointing builder. the expenses will be borne by us. Can anyone help in knowing the safest procedure of transfering the title in the name of sons. since its a joint property how can we ensure before the begning of construction that the title of the respective floors will be transfered in the right manner and to the right person. pls. help...

Regds.

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Devajyoti Barman (Expert) 27 November 2010
The safest and clear way to make proper demarcation of respective properties ar to make a Deed of Partition amongst all the co-sharers where you mention the respective sharers of the co-sharers and describe those in a sketched plan atttached therewith.

Arun Kumar Bhagat (Expert) 27 November 2010
Agree with Mr. Barman.

adv. rajeev ( rajoo ) (Expert) 27 November 2010
Before constructing the floors you can make partition deed and mention the respective shares of each persons and which floor each will get in the proposed building and register it to avoid the future litigations.

bhagwat patil (Expert) 27 November 2010
FIRST OFALL ENTER YOUR NAMES IN ROR

s.subramanian (Expert) 27 November 2010
Mr.Barman's view is right.

Advocate. Arunagiri (Expert) 27 November 2010
I agree with MR.Rajoo.

Advocate Bhartesh goyal (Expert) 27 November 2010
I also agree with Adv Rajeev

R.Ramachandran (Expert) 27 November 2010
I understand that the property is in the name of grand mother, which is her PERSONAL PROPERTY.
Even her own sons / daughters cannot have any claim over it.
In the circumstances, the safest method in which the property can pass on to her sons (father / uncle) of the querists is (1) she can WILL the property in such a manner mentioning that with her consent her sons have built the property and that the said property has to be shared in such and such manner / share after her death; this will not at all involve any Stamp Duty. It would be advisable to get the WILL registered.
(2)Alternatively, she has to give respective portions now itself by way of a registered GIFT. (This will involve STAMP DUTY).
Unless any of the above two methods are adopted, the property will go by inheritance by all her children i.e. sons and daughters in equal share (This is despite the fact that only the sons might have financed the construction.)

Raj Kumar Makkad (Expert) 27 November 2010
Principally I agree with Ramachandran that the property belongs exclusively to grandmother hence no question arises to get it partitioned.

it is better to make a family settlement and either go get it registered or to get a civil court decree thereon in the present matter.

R.Ramachandran (Expert) 27 November 2010
Dear Mr. Raj,
Family settlement is possible, only when there is any 'dispute' in the family. Here there is none and in any case the property in the name of the grand mother can never be a subject matter of any dispute, especially during her life time.