• Transfer of property by gift deed

My father had bought a property in Delhi in 1995 with registered GPA and agreement to sell and made a registered will in my favour in 2005. I have two sisters and younger sister is a British citizen who went there in1987 after her marriage. My elder sister is not interested in this property but younger one has shown some interest. 

My mother died in 2008 and father died in 2015. Younger sister didn't attended funeral of both of my parents. Younger sister hasn't challenged the will till today.

My question is 
Can I transfer the property on my name after acquiring succession certificate
Can I make a gift deed in favour of my wife on the basis of registered agreement to sell 
Should I go for a probate
Asked 4 years ago in Property Law
Religion: Sikh

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16 Answers

Dear Client

By virtue of WILL, you are absolute owner of property after father`s death, no one left any claim and disinherited by father.Even if your sister contest the WILL, dosen`t matter.

Can I transfer the property on my name after acquiring succession certificate -- No need of succession certificate, it`s required for movable securities.

Can I make a gift deed in favour of my wife on the basis of registered agreement to sell -- On the basis of WILL, you have acquired ownership, so WILL,

Should I go for a probate - Not required in Delhi.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Your father does not have clear and marketable title to property

2) property ought to have been sold to father by registered sale deed

3) ask seller to execute sale deed in your favour

4) on demise of father GPA ceases

5) succession certificate would not help you in transferring property in your name

6) it is necessary to peruse regd agreement for sale to advice further

7) if full consideration paid possession delivered. Agreement for sale would operate as sale deed

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

1. Yes you can, also get the will probated.

2. You can only make a gift deed after obtaining the title of the land.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

1) Yes, you can transfer property in your wife's name easily. As the property is gifted to you in the year 2005. So need to ask anyone from your family siblings. The whole property belongs to you legally.

2) As you said above that your father has made registered gift deed in favour in the year 2005. That means the property is already transferred on your name, so no need to make succession certificate.

Ganesh Kadam
Advocate, Pune
12338 Answers
191 Consultations

4.9 on 5.0

1. you will have to apply for probate for the Will left by your late father

2. the court will issue notice to all the legal heirs requiring them to file their objections against the grant of probate

3. your elder sister will not object. but your younger sister will object

4. in that event, the probate petition will be converted into a suit and the grant of probate will be halted till the suit is decided by the court

5. if your sister objects against the Will, she will need cogent reasons in support of her objections

6. you just have to prove that the Will was made by your late father as per the procedure prescribed by law

7. so until the Will is probated, you will not be able to transfer the property to your wife

8. do check with a local lawyer in Delhi whether obtaining a probate is mandatory there

9. if its not mandatory then you can have your late father's property transferred to your name on basis of the registered Will. thereafter you can gift it to your wife

Yusuf Rampurawala
Advocate, Mumbai
6882 Answers
79 Consultations

5.0 on 5.0

Dear Sir,

My answers are as follows:

1. Can I transfer the property on my name after acquiring succession certificate

Ans: Yes, you can but the concerned authorities may insist for NOC.

2. Can I make a gift deed in favour of my wife on the basis of registered agreement to sell

Ans: No, it can be made only after sale deed in your favour.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

Yes.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Your question: Can I transfer the property on my name after acquiring succession certificate"

Answer: Yes you must obtain the same, but even then you have full claim over it;

Can I make a gift deed in favour of my wife on the basis of registered agreement to sell

Answer: Once you become the owner, then you can choose to do what you want with it;

This is my additional advise to you:

1. First probate the will;

2. The authenticity of the Will is proven in court;

3. Get a NOC from other sister who is not interested in the property;

4. Once the title of the property is transferred in your name, then wait for some time , and then execute a Gift Deed in your wife's favour;

5. Make sure your paperwork is completed otherwise each one of you can get an imperfect title to the property.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

Yes if probate is not compulsory then you can have your name mutated in the municipal and revenue records.

However do check if these authorities require the consent of your sisters for the same.

Once your name is entered in the records, you can transfer the property to your wife through a gift deed.

Also check if the Will mentions any executor

If there is an executor then you can think of transferring the property directly to the name of your wife with you being a confirming party in the transfer document. If that is possible then you will have to ascertain from the Collector of stamps the stamp duty payable on such transfer document.

In many states the stamp duty on gift deed between husband-wife is nominal.

Yusuf Rampurawala
Advocate, Mumbai
6882 Answers
79 Consultations

5.0 on 5.0

Mutation does not confer title to property

2) it is only for payment of property taxes

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

See by succession certificate you cannot transfer the property you need to get will probated as the title of property not clear it was transferred by GPA and sale agreement no sale deed executed so title of property is not clear so by obtaining a private in your favour it will be better and then you can transfer the property to your wife name.

See on basis of GPA sell agreement and will you can make a gift deed in favour of your wife but in future it shall create problem.when you will further sell the property as the buyer will check the history of property and your sister can also file a case so it's better to get will probated then transfer the property to wife.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

See mutation basically represent the possession of property and it can be altered when there is order of court on the ownership situation doesn't confer ownership rights.

So best thing to do will be file for probate get will probated then transfer in whom so ever name you want.

Or alternatively if seller is still available ask him to make an confirmation deed in your favour based on all previous documents and then gift the property to wife.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Yes. You can very well do the same, but please keep in your awareness that if she makes any allegation on the will during the period of 3 years of mutation then you may have to go for the legal battle though you would win for sure on the basis of your father’s no interest in giving anything to her as per her own acts in the past (leaving them long time back).

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

The GPA deed or the sale agreement are not title documents, hence you may have to contact the principal who had given this GPA deed to execute the sale deed on the basis of the registered sale agreement in favor of the successors of your deceased father.

Therefore the Will bequeathing the property to your name also may not be valid.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

In delhi probating a will is not mandatory. Should I go for mutation with Municipal Corporation of Delhi. Is this enough for tranfering title on my name and then do a gift deed in favour of my wife?

A property can be bequeathed by a Will in favor of the beneficiaries provided the testator of the will shall have clear and marketable title to the property now being bequeathed.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

Yes, first you can go for mutation and than do gift deed in the favor of your wife.

Ganesh Kadam
Advocate, Pune
12338 Answers
191 Consultations

4.9 on 5.0

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