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rajesh (accountant)     25 December 2012

Brother is asking for 50 % right in my flat.

hello, we are 2 brothers... Father is staying with me.. Me and father is joint owner of 1 flat.. and brother and his wife is joint owner of 2nd flat...But, after dispute, brother is asking for 50 % right in my flat.. father is alive...but after death of father, brother will demand 50 % right he is financially very sound... How can i take my flat in my own name ?? and avoid future problems /legal conciquences ?? 

Pls tell me procedure which is less costly ??? and what will be taxation (Income tax etc.) on said procedure ?? pls.


 3 Replies

Sanjeev (Lawyer)     25 December 2012

if your father will his right in the flat in your favour you can become the sole owner of the flat.So it depends on your father

rajesh (accountant)     25 December 2012

Father is willing to transfer his rights in my favour to avoid future he already given my brother what he want to give (in cash and kind)....

Power of attorny or will can be challenged after his death.... And i dont want to go in legal battle and dont have capacity to afford the same....Pls tell me procedure which is less costly ??? and what will be taxation (Income tax etc.) on said procedure ?? pls. reply...

Mukul Aggarwal (legal)     25 December 2012

Mr. Rajesh,

As per you  version, i would suggest you that if your father is ready then he can do a gift deed of the 50% share of the flat in your favour and you can get it registered and will become the legal owner of the flat in the presence of your father and your brother would not be able to challenge the gift deed.

Kindly mentioned all the point in the recital part of gift deed i.e.your brother is financially very sound and your father has given what he wanted to give to your brother. 5% stamp duty is applicable on the gift deed on the basis of circle rate in delhi.


Mukul Aggarwal, Advocate

# 96501 46936

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