Kapil (--) 12 May 2013

Transfer of aunt's right

Hi,

Our house is on lease from L&DO. As per L&DO records, the last mutation of the lease was in the name of my father and my aunt (father's sister). My father died intestate in year 1997. Since my own siblings have signed a relinquishment deed in my name, I would be able to get half of the ownership rights.

My aunt is willing to sign any document to transfer the rest of the ownership in my name. To ensure that her legal heirs do not create any issues at a later date, what is the best option for me...

a) Get a relinquishment deed signed from my aunt? Can an aunt sign relinquishment deed in nephew's favour without any stamp duty being paid?

b) Get a GPA signed by her in my sister's name? Subsequently my sister can sign off the mutation request at L&DO in my name. Would there be any stamp duty if I were to follow this route?

Also, my aunt is bodily infirm and stays in a different state. How would the process of GPA/relinquisment deed work out? Would a sub-registrar (from her home state) need to go down to her house? Would the deed/GPA be registered where the property is?

Thanks,

Kapil

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3 Replies

(Guest)

@Querist,

Reply Query-wise

1.Your aunt can transferred her property in your name.But this must be in writing and therefore stamp duty has to be paid.

If you want to save some money,another way to transfer the property is to a gift deed.

2.Yes

3.Registration must be at the same place where the property is.Local Land laws will come into effect.

Note-This reply should be taken as per the declaration given in my profile page.

Thanks,

Regards,

1 Like

Kapil (--) 13 May 2013

Hi newS_Know,

Thanks for your reply to my query.

I looked through the papers again and realized that my aunt had signed off her interest in the property to my father (in year 1997) through a 'Agreement to Sell/GPA/Will/Payment Receipts'. All of these documents are registered with the sub-registrar. Since my father is no more, I believe that GPA is null and void. However, since the Agreement to Sell was registered, can I not file for mutation of property in my name with the help of these documents? Or would I still need another document (like GPA/NOC) signed by my aunt? Would this still require payment of stamp duty?

Let me know if I am bothering you too much.

Thanks in advance!
Kapil

(Guest)

@Querist,

1.Will,GPA,and agreement to sell are all different things.

2.Last will is considered to be valid no matter if it's registered or not.

3.GPA expires with the expiry of either of the agreed party.

4.Agreement depends upon the content therein.When either of the contracting party is dead,the agreement becomes voidable unless there is expressly mentioned contrary view in the agreement itself.

5.Better hire a local advocate who will guide you by properly understanding as to what you exactly need to do.The real situation has to be un-curtained and analyzed.

6.Every immovable property transaction should be on written paper and stamp duty must be paid on every such transaction.

Lastly,if your aunt is ready to give you property in her possession,I don't see any fruitless hastle.

Note-This reply should be taken as per the declaration given in my profile page.

Thanks,

Regards,