Yes, this is permissible.
He can transfer his undivided share in this property to you.
Not all four have to transfer, he may relinquish his undivided share in this property in your favor by means of a relinquishment deed.
Transfer of land
Hi, I had purchased a parcel of land 35 yrs back, from that-I have purchased 4 decimal of land in the name of my 4 brothers ( 3 were minor & 1 was major that point of time) in a single sale deed.Now one of my brother(major) want to transfer his share in my name without a partition suit. Can he do that, if so -what would be the approach as some are suggesting that all 4 of them have to transfer . Please suggest. Regards, Lohit
Asked 8 years ago in Property Law
Religion: Hindu
11 Answers
Your brother can transfer his one fourth share of land in your name by execution of gift deed
2) gift deed should be duly stamped and registered
3) it is not necessary that all4 have to transfer
He can execute a Registered relinquishment deed or registered gift deed for the same.
Hi Lohit,
A Quitclaim Deed is a simple real estate legal document used to transfer property rights, often between family members. To determine if a Quitclaim Deed is the best option for you, consider the following:
Is there a trusted relationship between the parties or family members?
A Quitclaim Deed is most often used to transfer property between parties who are familiar with one another and who have an established relationship. Unlike a Warranty Deed, a Quitclaim Deed does not provide the new owner with any guarantees or warranties that the seller owns the property or has authority to sell the property, nor does this type of deed guarantee that a buyer is receiving the property free of mortgages.
Due to the lack of warranties with signing a Quitclaim Deed, it is typically only used to transfer title between family members, spouses or ex-spouses after a divorce, between a trust owner and the trust, or between other individuals who have a long standing and trusting relationship.
Hi,
The said transfer of his share can be done by the verbal partition of without partition too.
1. Has the share of the land purchased in the name of your said brother been demarcated by metes and bounds?
2. If no then he has execute a gift/relinquishment deed in your favour conveying the title of his undivided and undemarcated share of the said property in your name.
3. It is not a fact that all 4 brothers shall have to transfer their shares of the said property to you.
Dear Client,
If the property in under joint ownership. Through registered relinquishment/release deed, he can transfer his share to u. No need of all 4.
You have purchased the property on four brothers name but one want to transfer his share to your name, he can do it in sofaras his share is concerned by executing a registered gift deed.
It is not necessary that everyone has to join him for this.
The brother who is transferring his share can make a relinquish deed of his share in your name and get it registered at sub-Registrar office at local jurisdiction where land is there. No partition will be required.
All 4 are not require to transfer their share for this purpose.
Hello,
No, all four of them do not have to transfer.
Ask the said brother to execute a relinquishment deed in your favor.
Regards
1. A Joint-Holder (major) can transfer his stand-alone share-ratio of the property, ONLY to another Joint-Holder, via a Stamp duty paid & Registered Gift Deed. This will be legal for all purposes.
Keep Smiling .... Hemant Agarwal
