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Sabahat Sayed (Advocate)     07 July 2008

Transfer of flat from Father who is Owner to his Daughter in her Name

Hello,

One of my Neighbour XYZ is a Muslim, Adult Male residing in a flat in a Co-op Hsg Soc Ltd. He is the owner of the Flat. He has a old wife with him. He has two sons and two daughters. Two sons are married staying separately from them and do not take care of their father and mother financially as well as emotionally. Out of two daughter one daughter is married and the other daughter is still unmarried.

 

Now since these two sons and one daughter don’t take care of him and his wife, this XYZ wants to transfer his flat (of which he is the owner) to his youngest unmarried Major daughter in her sole name only.

 

 I want to know whether he can do so and if yes then what is the procedure required for this transfer of flat in name of his daughter. Whether only simple transfer is required, stamp duty, tax or any other requirements and if yes also can I get a format of transfer of flat on ownership basis i.e. in this case from father to daughter.

 

This is a bit urgent please reply soon.



 9 Replies

Guest (n/a)     07 July 2008

If the property is self acquired, then he can transfer the same by way of Settlement Deed.  Stamp Duty is payable for the transfer

amit gupta_lawyer (lawyer)     07 July 2008

first there is no such thing as settlement deed exist in this case, the transfer could be done by way of gift deed in favour of ur daughter in ur life time and that could be registered before the registrar by paying the appropriate stamp duty prevailing in ur state. and he can also make a will in favour of daughter regarding such flat if he want that daughter should become the owner of flat after his death.

arunprakaash.m. (advocate)     08 July 2008

This XYZ can transfer the said flat by executing gift deed  out of love and affection to his unmarried daughter no question arise.

Ajay kumar singh (Advocate)     08 July 2008

The remedy suggested by Mr.Amit Gupta is the best option.
1 Like

phiyoni@adv (Legal Executive )     10 July 2008

i think if this XYZ is a muslim he is governed by Muslim law and so far as i know if this is his only property he cannot gift his entire property to his daughter by way of gift or will. Please check the provisions of Muslim Law before taking any step towards making gift deed.

arunprakaash.m. (advocate)     10 July 2008

Muslim law does not recoganise joint family property and self acquired property. A muslim can gift his entire property by a way of oral gift. If the gift is written in a deed then it must be duly stamped and registered according to the provisions of the registration act 1908.


When a muslim wants to write a will for the same property he cannot dispose the entire property through wii. Only 1/3 of the property can be given under will.

Vinda D'souza (Secretary )     14 April 2010

One of the family residing in Andheri E having flat in sister's name.... now that the sister has agreed to transfer the said flat which is located on 10th floor wants to transfer to father's name... wil u please provide the best and cheapest way of transfer and any fees such as stamp duty, registration are applicable for transfer

M M Ranjan (Advocate)     02 January 2011

Originally posted by :amit gupta_lawyer
" first there is no such thing as settlement deed exist in this case, the transfer could be done by way of gift deed in favour of ur daughter in ur life time and that could be registered before the registrar by paying the appropriate stamp duty prevailing in ur state. and he can also make a will in favour of daughter regarding such flat if he want that daughter should become the owner of flat after his death. "

 "A muslim can not make a "will" of more than one third of his property. A muslim in his life time (not on death bed though) can make a gift of his entire self acquired property. The gift given by a muslim can be oral also. The Gift ddeed is not required to be registered. The provision of transfer of property do not apply to a gift by a Muslim."

M M Ranjan (Advocate)     02 January 2011

"A muslim can not make a "will" of more than one third of his property. A muslim in his life time (not on death bed though) can make a gift of his entire self acquired property. The gift given by a muslim can be oral also. The Gift deed is not required to be registered. The provision of transfer of property do not apply to a gift by a Muslim."
 

 
     

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