Asoke Kumar Ghosh (Professor (retired)) 10 February 2022

Gift of share of house property in kolkata

3 married daughters hold 1/8 share each in a Kolkata house property. One of them is dead intestate leaving 2 heirs. They want to transfer to the other cowners residing in the house. Can they jointly gift/ relinquish to these brother coowners of whom 3 are living and 2 have died intestate leaving 2heirs each. Which will be more desirable, gift or relinquishment regarding cost of stamp duty, registration, tax etc. Is it necessary for all of them to go to court?

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Three married daughters each hold a 1/8th share in an undivided Kolkata house property, alongside five brothers. One daughter has passed away intestate, leaving two heirs. These heirs, along with the two surviving daughters, wish to gift or relinquish their combined 3/8th share to their brothers who reside in the property. The discussion explores the best method (gift deed vs. relinquishment deed), considering costs like stamp duty and registration, and whether court involvement is necessary for the transfer.

2 Replies

kavksatyanarayana (subregistrar/supdt.(retired)) 10 February 2022

3 married daughters have 1/8th share in a property, who are the other legal heirs? How can you say the 1/8th share, is the property partitioned? The married daughter who died intestate has children and husband?

Asoke Kumar Ghosh (Professor (retired)) 13 February 2022

This is undivided property with 8 owners, 5brothers and 3 sisters. Hence 1/8 share for each. 2 sisters , who are alive, and 2 heirs of the 3rd sister , since deceased, decided to relinquish by a gift deed for the 3/8 share. 2 of the 3 brothers have expired intestate leaving 2 heirs esch. Is it necessary to have 3 seperate gift deeds instead of 1 gift deed. Will the cost be different in the said two cases, if allowed.