Hi, all the legal heirs of your uncle can transfer the property to your father through gift deed ..
How to transfer the property with minimum payment
We have paternal property which was registered on name of my two uncles. One of my uncle was died. on mutual batwara of property home is came in my father's part. But there is no documents of this separation. Now we want to transfer the property to my father's name. All are agree to do this. (My uncle and cousins) there is no dispute for this. How we proceed for this. Authorities said it is not possible without registry because there is no law in which a brother can take property. Second issue about tax liabilities for my uncles
Asked 8 years ago in Property Law
Religion: Hindu
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12 Answers
Deedcof partition or family settlement has to be executed duly stamped and registered
2) your uncles can relinquish their share of property in said deed in your father favour
Can my dead uncle's , wife and children ( live in foreign) sacrifice her part( HAQ tyag) to other uncle by giving affidavit . And then my second uncle which was in direct blood relationship with my father make a will for only this property in this condition can property directly came in our power with all rights after death of this second uncle bcz he is already in 90s. If this is not possible then what amount to be paid in gifting and tax liabilities of my uncle
Asked 8 years ago
In my advise a deed of settlement has to be executed.
Also you uncle can make a relinquishment deed in favor of your father, thereupon relinquishing his share on your father
Can my dead uncle's wife and children sacrifice their share in property and giving whole property to my second uncle by giving affidavit. And then my this second uncle which is in direct blood relationship with my father make a will for particularly this property . Then is it possible that all the rights related to the property came to my father after my uncles death ( second uncle). If this is not possible then what amount to be paid in gifting in % and the tax liabilities for my uncle
Asked 8 years ago
This arrangement can be given effect my means of a partition deed.
Execute a partition deed and get the same duly stamped and registered.
Alternatively, if you wish to save stamp duty and registration fee, go for a family arrangement.
Contact a local lawyer to get the above done.
You may do the partition deed with the arrangement as specified by you and get the same registered.
In order to save stamp cost go for family arrangement
Contact a local lawyer
By means of affidavit your relatives cannot relinquish your interest in property . Relinquishment deed is necessary
2) will can be executedby uncle in your favour
1. All the legal heirs of the said parental property shall have to execute and register a partition deed duly dividing and demarcating the property by metes and bounds.
2. Once the property is partitioned and partition deed registered, your father can sell of his share of the property.
1. Your dead Uncle's legal heirs can register a relinquishment/settlement/gift deed in favour of your father.
2. Your second uncle can also execute a will in your or your father's favour and in that case after the demise of your second Uncle without changing his said will, you or your father can become the title holder of the entire property.
1. Properties can not transferred by making affidavits. The wife and son of your dead Uncle shall have to register a Relinquishment/Settlement/Gift Deed in favour of your second uncle.
2. Thereafter your second uncle can execute a will in favour of your father bequeathing his entire property to him and after his death, your father shall become the title holder of his entire property.
3. The stamp duty and registration fee for registering relinquishment /settlement/gift deed shall depend on the value of the property. Registration of will is not mandatory as per law.
After the death of one of the uncles, his share of property devolved on your father's name with the consent of the other surviving brother.
Well in that case, there can be a partition deed drawn between the surviving brothers mentioning the schedule of property accordingly in the partition deed. This partition deed should be registered after which the property shall be on yor father's name in the record.
Can my dead uncle's , wife and children ( live in foreign) sacrifice her part( HAQ tyag) to other uncle by giving affidavit . And then my second uncle which was in direct blood relationship with my father make a will for only this property in this condition can property directly came in our power with all rights after death of this second uncle bcz he is already in 90s. If this is not possible then what amount to be paid in gifting and tax liabilities of my uncle
Withholding correct information while posting question may not get you proper opinion.
In the situation you have explained above, the property in the name of the deceased shall devolve equally on all his legal heirs, i.e., on his wife and children.
If at all they would like to transfer this property to any one, they may have to execute a registered gift deed or sale deed in favor of the receipient
After that, the beneficiary can transfer the same to another person by executing another registered gift deed.
In any case the stamp duty cannot be avoided.