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Subhomoy Das (Retail Manager)     14 June 2011

Property

WE ARE TWO BROTHERS OF OUR PARENTS. I`M YOUNGER SON. RECENTLY MY FATHER  GOT EXPIRED. WE STAY IN A 2 BHK FLAT FOR THE LAST 12 YRS.  THE FLAT IS COMPLETELY REGISTERED AND MUTATATED AND ALL TAXES HAVE BEEN PAID AS ON DATE. THE FLAT IS IN MY MOTHER`S NAME. MY MOTHER IS OLD AGED SICK. MOREOVER DUE TO THE DEATH OF MY FATHER SHE IS MENTALLY SHOCKED. AFTER MY ELDER BROTHER`S MARRIAGE  (4 YRS BEFORE)  HE AND HIS WIFE HAVE BEHAVED INHUMANLY WITH MY PARENTS. RIGHT FROM ABUSING THEM IN THE MOST  FILTHIEST WORDS TO BEATING THEM REGULARLY DAYS AFTER DAYS. TO THIS OUR NEIGBOURS WARNED MY BROTHER AND HIS WIFE AND INDIRECTLY FORCED THEM TO LEAVE THE FLAT. I WAS WORKING ABROAD THEN.  THIS WAS ONE OF THE REASON FOR THE DEATH OF MY FATHER. NOW AS MY MOTHER IS OLD SICK ALL OUR RELATIVES AND NEIGHBOURS HAVE SUGGESTED TO MY MOTHER TO TRANSFER THE OWNERSHIP OF THE FLAT THROUGH DEED OF SETTLEMENT (DAAN PATRA) – CONDITIONAL IN HER ABSENCE.THEY ALSO SUGGESTED TO MY MOTHER NOT TO GO IN THE PROCESS OF MAKING A WILL AS IT IS VERY COMPLICATED. LIKE REGISTERING THE WILL AND TAKING OUT THE ORDER OF PROBATE ETC. ETC. THE PROCESS OF DEED OF SETTLEMENT IS VERY CONVENIENT. MY BROTHER IS STAYING AT HIS INLWAS HOUSE AS GHAR JAMAI AND HAVE NO CONTACTS FOR THE LAST 2 YRS. HE DIDN’T EVEN PERFORM THE WHOLE LAT RITES AND RITUALS IN MY FATHERS FUNERAL BEING THE ELDER SON. HE DOESN’T TAKE CARE OF MOTHER AS HE KEEPS NO CONTACTS.

 

MY QUESTION IS THAT WHAT IS THE PROCESS OF  TRANSFERRING THE OWNERSHIP OF THE FLAT THROUGH DEED OF SETTLEMENT (DAAN PATRA)  AND WHAT WILL BE THE REGISTARTION CHARGES OF DEED OF SETTLEMENT ( WHAT % OF STAMP DUTIES WE HAVE TO PAY)

 

WILL THERE BE ANY LEGAL HINDRANCE OR LEGAL QUESTION ARISE SPECIALLY IN MY MOTHERS ABSENCE THAT HOW COME THE MOTHER TRANSFER THE OWNERSHIP OF THE FLAT BY MEANS OF DEED OF SETTLEMENT TO HER YOUNGER SON ONLY AND DENYING THE RIGHTS TO HER ELDER SON. AS FAR AS MY KNOWLEDGE IS CONCERNED  THE OWNER OF THE HOUSE/PROPERTY HAVE THE FULL RIGHT TO TRANSFER IN ANYONE INDIVIDUAL NAME/ RELIGIOUS INSTITUTION/ CHARITABLE ORGANISATION OR WHOMSOEVER HE/SHE LIKES. IF I`M WRONG THEN MAKE ME RIGHT.

 

WILL BE THE FURNITURES AND ELECTRONIC OR ANY OTHER MOVABLE PROPERTIES WILL BE TAKEN INTO CONSIDERATION FOR EVALUATION OR ONLY THE FLAT –IMMOVABLE PROPERTY WILL BE CONSIDERED.

 

PLEASE HELP AND ADVICE ME.

 

THANKS

 

14/06/2011



Learning

 1 Replies

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     15 June 2011

Your mother has every legal right to gift her immovable property without teling your elder brother. Get the deed drafted and get it registered with the office of regsitrar in the presence of witnesses. Rate of stamp duty and registration is different from State to State so enquire it from local registrar office. This process is very simple.


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