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JAI Mahesh (TS )     25 May 2010

Father's Property

My father has purchase a property with his own income and he sold this property in 2006.

with this amount we purchase a new flat in Pune in 2006.

This property is registered 50 % in my name and 50 % in my Mother's name.

My father passed away in 2010 and i have 4 sister and all are married.

Q1)I want to know if my mother can transfer her share to me (with her Permission)

Q2)Do my Sisters have any share in this property.

 

Regards,

Jai



Learning

 13 Replies

Ashok Yadav (Lawyer)     25 May 2010

Yes, your mother mother is absolute owner of her share and she can transfer her share in your favour, without any legal hurdle. Your sisters can not claim their share in that property. It is further advised that your mother should make a Registered Will in your favour to transfer the property in your favour.

1 Like

JAI Mahesh (TS )     25 May 2010

thanks for your quick reply.

 

Do i need to pay stamp duty if my mother wants to transfer her share to me?

raj kumar ji (LAW STUDENT )     25 May 2010

i agree with ashok sir

your mother make a will in ur favour but its in forced after the death of testator

and there is no stamp duty is paid .

ur sister can not claim on this property

1 Like

raj kumar ji (LAW STUDENT )     25 May 2010

 if ur mother transfer the property in alive  she can do it she can transfer there property in ur favour through ragistry of the property .in this case u must shoud pay stamp duty .

1 Like

JAI Mahesh (TS )     25 May 2010

thanks Raj.

can you tell rough price for preparing a registered will in pune.

Ashok Yadav (Lawyer)     25 May 2010

If your mother wants to transfer the property in your name in her life then she can do it by Gift Deed in your favour. But if u deems fit u should choose Will. Because it will save ur money, Gift deed will attract stamp duty of 6 to 8 % approx (it differs state to state). Fo rexact amount you should contact a local lawyer, he can tell you the exact amount.

Ayush (Advocate)     25 May 2010

None of your sisters can ask for any share against the will of your mother. If your mother is ready to transfer her share in your favour she can do without any barrier. The proper and easiest way to transfer the property by your mother in your name is will. Just let your mother make a will in your name. The only condition that might create problem to you is, the will shall come into operation after the death of your mother. Until the death of your mother the property will remain in her name. For immediate transfer of property in your name, you should go with gift deed. I am not sure about the fee for making a will in pune but as far as i am concerned about the will, it does not bear any stamp duty. its free of cost. There may be very minimal charges to get it registered.

niranjan (civil practice)     25 May 2010

No doubt will is cheapest way to transfer the land,but in my opinion it is advisable that instead of saving stamp duty,you should pay stamp duty either for sale or gift deed and resolve all future problems.

raj kumar ji (LAW STUDENT )     26 May 2010

ya "i think that "will" is not the safer mode for ur future it should br revoked ur sister or ur relative etc. you should pay stamp duty either for sale or gift deed and resolve all future problems.

Ayush (Advocate)     26 May 2010

A registered will is equally valued as that of any sale deed or gift deed. INstead of wasting money on the sale deed or gift deed, register the will in the office of sub registrar.

siva kumar kambhammettu (haveing 9yrs stnding in twin cities.)     26 May 2010

even though will is registered it can be revoked at any point of time.its better to go for gift or sale deed to avoid future problems.

Ayush (Advocate)     27 May 2010

gift deed, sale deed are equally revocable. gift deed or sale deed are in no way the solution of future problems. The future problems can still exist. The objection can be raised in any form of document whether sale deed, gift deed, or will. Will means your mother wants to transfer her share in your name and its her last will which if registered becomes a strong document. Since your sisters cannot claim their right without the will of your mother, will is the perfect piece of document to transfer the share. Remember it is not an ancestral property and it is a self owned property of your father.

JAI Mahesh (TS )     27 May 2010

Thanks all for you reply.

 

i am going for WILL.

 

thanks all for your help.


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