Is your grandmother still alive?
Hello, I want to transfer property from my grand mother. The property (house) was self bought and is not inherited. Whats the best way? Please guide
Yes grand mother is alive
In that case, she can do so by way of a gift or relinquishment deed.
Gift deed allows a person to gift their assets or transfer ownership without any exchange of money. To gift immovable property, she just have to draft the document on a stamp paper, have it attested by two witnesses and register it. Registering a gift deed with the sub-registrar of assurances is mandatory as per Section 17 of the Registration Act, 1908, failing which the transfer will be invalid.
Relinquishment deed is used to transfer rights in a particular property to another co-owner. Such a transfer is also irrevocable even if it is without any exchange of money. As with all documents related to the transfer of immovable property, a relinquishment deed needs to be signed by both parties and registered.
The stamp duty is similar to that for a gift deed. However there is no discount for relatives, nor are there any tax benefits. So, gift deed is the best way to go forward,and hence advised.
You can go for a gift deed. In many states the stamp duty on gift deed is less. This will transfer property in your name in your grandmother's lifetime itself
Another option is Will. Property will get transferred to you after her demise. You will have to inquire with local lawyer if probating the Will is mandatory in your state
1) You can make a WILL or Gift deed.
2) But best way is try to register property as sale deed agreement. It will be good for you in future.
It will be done through mutation. Your grandmother can execute Registered gift deed for the same. Or can bequeath the same d through will.
grand mother can execute gift deed in your favour
2) gift deed should be duly stamped and registered
3) in alternative grand mother can execute will bequeathing property to you
4) will should be attested by 2 witnesses
Further if grandmother want to transfer after demise she can prepare a registered will in name of grand son.
Whom do you want her proeprty to be transferred to ?
If you want to get the proeprty transferred to your name, you may get a registered gift deed executed by her in your favor, which shall be be the best option or a sale deed as an alternative.
Yes grand mother is alive
She can even execute a registered Will bequeathing her properties to you but remember that it can be enforced only after her lifetime and then als9o if there are any objections by any legal heirs, then you may have to prove the will through court of law.
Dear Client,
Transfer can be effect in two ways
GIFT deed in her life time or through WILL - effective after her death.
To to your tehshil with your grand mother and get drafted transfer deed by some advocate. Get registered it in Registrar's office.
dear sir/ma'am,
if the property is in your grandmother's name she can transfer that property simply through a gift deed. the issue which would arise is whether the property is exclusively in the name of your grandmother or not. if yes, then she is the whole sole owner of the property and she can transfer the same.
regards
1. It is your grandmother who should desire to transfer the title of her property in your favour and not tyhe otherway round being that you want to transfer her property in your name.
2. However, she can register a gift deed in your favour if she wishes the title of her said property is to be transferred to you immediately.
3. She can execute a will bequeathing her said property in your name after her demise if she wants to retain her title till her demise.
1. Your grandmother can register a gift deed in your favour by paying the required stamp duty and registration fee as suggested in my earlier post.
2.Engage a local lawyer to prepare the said gift deed and get the same registered before the Registrar.