kiranm (software engineer) 14 November 2011

My elder brother wants to transfer the property to me.

Hello,

Iam an NRI, I bought a place in Bangalore but registered the land on my elder brother’s name (Initial plan was to construct a house by taking loan on his name but never executed). Actually my Dad and I paid the entire amount for the land.

Legally my brother owns this land. I have discussed with them to transfer the land to my name.

1. Can my brother GIFT this land to me?

2. If Gift is not possible what are other ways of transferring the land to me. Can I skip registration charges?

3. Legally if my brother can’t GIFT this land to me, is it possible for my brother to gift the land to the Dad and Dad can gift the same to me? Can I skip the registration charges in this process?

Appreciate your quick response.

Thanks in advance.

Thanks & Regards,

Kiran

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4 Replies

Bharatkumar (ADVOCATE ) 14 November 2011

If your brother is owner of this land in revenue records and other records of government at that time your brother gift / sale this property to u and registration this deed at registrar office. Actual stamp duty and registration fee will be pay at the time of registration.

Bharatkumar (ADVOCATE ) 14 November 2011

Opation (1) is best for u, but u contact first your C.A (Chartered Accounant) for that.

Advocate Vishnu (Advocate) 14 November 2011

Dear Kiran,

your brohter can make a settlement deed in your favour and with this deed you can get the property muted in your name( revenue record). The settement deed is deemed complete once you take possession of the property and the title deeds. Make sure you pay the requisite stamp duty fee as demanded by the state govt rules of your state