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regarding mom's property to son


Hello All,

First of all, sorry if this question was asked already by any of the members. If already answered, would be great if someone guide me to that place. I tried searching, no luck.

I need a quick advice regarding transfer of my Mom's property to my name. Mom is self willing to gift a property (a small house constructed on a 30x50 site) to me so that I can make use of it or demolish the existing house, apply for loan and build a new house over there. So, the question is, does my mom need consent from my married sister or a NOC required from my sister/siblings so that Mom can transfer the property to my name? Note, its her own wish to gift it to me.  What are the procedures to be followed to get the property transferred to me. Is it Gift deed which my mom needs to make ? Should I pay the stamp duty etc., again as per today's market price ? Please advice. Awaiting your reply.


Regards, Raj

 
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Practicing Advocate/Legal Consultant/Legal Process Outsourcing 08427414792

If it is her self acquired property she is at liberty to will/gift it to anyone she desires. No NOC is required from anyone as the owner is the sole master of the self acquired property. She shall have to make a gift deed in your favour which ought to be registered.

 

Ashish Davessar

Advocate

Supreme Court of India

Punjab and Haryana High Court


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Advocate

 

Dear Mr. Raj, 

If the property is self acquired by your mother, she can gift the property to you without obtaining NOC or consent from your sisters, if the property is her ancestral or her husband i.e., your father property at that time your sister's are also entitled for the share in the property. 

Regarding  stamp duty of the gift deed you need to specify where the property is situated. 

 Feel free to contact me at any time.

 

 

Thanks and best regards

 

Suresh.N.V.

Managing Partner

SR LAW ASSOCIATES

Advocates and Consultants

mobile : 9980198876

email : suresh@srlawassociates.in

 
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Hello Ashish and Suresh,


Thanks for your replies. Yes, its her own property self-acquired , not ancestral or husband's. 

@Suresh: The property is in Shimoga, Karnataka.  Should we pay stamp duty for Gift deed too ? Would it be as equal to the actual property registration using Sale Deed ? or less stamp duty ?


Regards, Raj

 
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