Digest of transfer of property act

Digest of Transfer of property Act

Thus, plaintiff's suit deserves to be dismissed - Legal aspects - Clarified. (Sankar Ghosh Vs Raksh*t Kumar Ghosh) 2003(2) Civil Court Cases 523 (Calcutta)

Transfer of Property Act, 1882, S.44 - Dwelling house - Belonging to undivided family of two brothers - One brother cannot alienate any specific portion of the house without partition - Purchaser from one brother, who is not member of the family is not entitled to joint possession or other common or part enjoyment of the house - Object of second part of the provision is to prevent the intrusion of the strangers into family residence. (Devendra Singh Thakur Vs Smt.Shantibai & Ors.) 2005(1) Civil Court Cases 465 (M.P.)

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Mrs Smruti Desai (housewife) 22 March 2013

My father has left a will wherein the flat been transferred amongst 4 daughterswith the option of purchasing one of them and divide the amount with the three after taking ones share. . If the flat cost is Rs.30lakhs then the registration itself will cost more to the purchaser. How a purchaser can go about it?

Advocate Ravinder (Advocate/Attorney) 01 June 2013

In Andhra pradesh the position is as follows:

No it will not be more than 30 lakhs. Approximately the stamp duty is 10% on the govt rate+ some minor chrges and stamp papers. As a rough sketch, the property value of govt rate would be 20 lakhs. So by calculating the purchaser has to spend Rs.2 lakhs.

If the purchaser is not affording that much, you can also share with him. You 4 daughters pay him 1 lakh and the remaining amount of 1 lakh the purchaser will bear. Thus each daughtr's share comes to Rs. 25,000/-. Normally the purchaser has to bear the registration charges but if you feel it is difficult to get the sale done or if you are in urgency, you can contribute the stamp duty and registration charges. It is your choice.