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Parusharam Barigela   01 March 2018

Transfer of home from my father name to my name

my father he was state govt servent died in service and my brother has been given job on compassionate grounds and my mom and all siblings wants to make home on my name am 32years old

what is the procedure to follow to transfer on my name with out any legal issues from my siblings ...

family members certificate is there

please am new to this app I strongly believe I will get proper guidance thank you

 5 Replies

Subash M R (Advocate)     01 March 2018

Your mom and siblings can either transfer their share by way a release deed or by way of a gift deed in your favour of the property(assume in the name of father) irrespective of ancestral or self-acquired one.

Thanking you,

1 Like

Parusharam Barigela   01 March 2018

once they entered release deed is there any chances for my sibling or their legal heirs for claiming their share in property in later period

Parusharam Barigela   01 March 2018

sir release and gift deed is there any difference if so which one is safe

The legal implications are same in both cases.
In the case of gift there should not be any monetary exchange for that part of property and transfer of property through gift gives you tax benefits not in the case of tranfer through release deed.
In both type of tranfer the registration is required and stamp study differs from state to state.

Gift deed is more appropriate I believe, if you are getting the property for free. It should not be out of coercion or fraud.

(This does not constitute a legal advice)

Thank You

R.Ramachandran (Advocate)     02 March 2018

1. You say that ""my mom and all siblings wants to make home on my name".  

2. If that be the case, then all the legal heirs of your father i.e. your mom, and all your siblings should give a Registered Relinquishment Deed relinquishing their interest/share in the property in your favour.  Please remember that the Relinquishment Deed by each one of them has to be registered. Without Registration, the Relinquishment Deed has no value.  This is the best option as it involves very minimal stamp duty and registration fee.  GIFT DEED is a costly proposition as it involves heavy stamp duty on the value of the property (as applicable to sale of property).

3. Once there is a Registered Relinquishment Deed, as suggested above, there will be no problem in future from any quarter.

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