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sulosam   06 February 2015

Gift deed query

Hi,

We are looking for some expert suggestions for the following scenario.

My father had a piece of land, which had old patta ( applied for new one). He passed away  and my mother has that property. I believe the new patta will on her name. My mother wants to transfer this to me ( daughter) through Dhana pathiram ( Gift of Deed). The current guideline value is 2500 per sqft. I want to know what is the procedure to get this done? Is waiting for the new patta , impact transferring the property to me. Is my brother need to sign and can he raise objections for this?

Would be great if some one can guide me on this as the lack of knowledge on this , leading others taking advantage of this.

Thanks.



Learning

 4 Replies

T. Kalaiselvan, Advocate (Advocate)     06 February 2015

If the property was your father's self acquired property, apart from you, your mother, your brother also is entitled to his legitimate share in the property, i.e., all the legal heirs are entitled to their respective share in the intestate property of your father.  Your mother cannot hold the title for the entire property on her name hence she cannot transfer the entire property as a settlement in your favor, she can do so only to the extent of her share n the property or she can execute a registered release deed relinquishing her rights in the property in your favor.  Name transfer of patta can be applied only when the entire property is transferred or registered in your favor and not before that.

Dr J C Vashista (Advocate)     07 February 2015

Did you father execute any document in favour of your mother?, If yes, show it to a local lawyer and proceed. Otherwise, all of you (mother, sisters and brothers) are equal shareholder. Consult a local lawyer.

mubeen (sales)     07 February 2015

hi sir

we are staying at one of plot from 20 years but the plot belongs to others name this is the patta land 55 square yards now the my fathers mother she given gift deed to her daughter without knowing my father now she paying the property tax under gift deed notary.

  but the ghmc record patta was on others name now we are facing problems from my father( sister)  so kindly help me in this as soon as possible what can we do 

 

note:my father purchased the plot 20 years back from owner without sale deed aggrement but we dont know now where is the owner of plot so plz help me we dont have notary also still 

mubeen (sales)     07 February 2015

hi sir

i beklongs to mohammed i dont have caste certificate now i need to apply caste certificate of obc can i eligible to apply obc certificate kindly let me know i nne dto apply state and central govt jobs so plz let me know i hope someone help me in this


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