• Which property documents are needed for the transferring of a secondary property?

To whom it may concern, 
I am contacting you on behalf of my grandmother who resides in Karimganj, India. The issue we have is: my grandmother owns 3 properties in Karimganj, one of her sons is asking for one of the properties to be transferred into his name, making him legal owner of that property and in exchange he shall withdraw his rights of entitlement for the other two remaining properties. It has been stated by the local registry office, that in order for the transferring of one of the secondary properties, the property document of the main house (in which they all reside in currently) is a needed. Is that consistent with the Indian legislation? Please explain and provide any relevant points of law you have referred to in reaching your conclusion.
Regards, 
Ripa Purkaystha available at [deleted]
Asked 4 years ago in Property Law
Religion: Hindu

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13 Answers

1. Thats preposterous

2. No such document is required

3. Firstly the sons have no right in the mother's property as long as she is alive

4. Their rights will crystallise only after demise of the mother

Yusuf Rampurawala
Advocate, Mumbai
6880 Answers
79 Consultations

5.0 on 5.0

What is source of funds for purchase of property by grandmother ?

2) if it is self acquired property then son has no share in property during grand mother lifetime

3) she can execute will bequeathing property to whom so ever she pleases

4) in alternative she can execute gift deed for one of properties or all the properties

5) it is not necessary to produce property documents of main house

Ajay Sethi
Advocate, Mumbai
87917 Answers
6207 Consultations

5.0 on 5.0

1. The query is not clear to me.

2. If your grandmother wish she can transfer this to anyone she chooses for which she does not require to share with the information of another property.

3. Transfer of any property or relinquishment of share in property can be done only through a registered deed of conveyance.

4. Since your grandmother is the owner of the property she alone can decide which property is to be given to whom for which he need not relinquish his claim in other property as no one else except your grandmother has sole ownership over the property.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

If the property is self acquired by Grand mother or she is the absolute title owner of the property then she can transfer the property as per her own wish by executing settlement deed or gift deed. She can also execute will. If one of the son is withdrawing his future interest from other property even though the he can claim balance property after the death of his mother if the balance property is in Grandmothers name. (If one son withdrawing the claim then register such an agreement before the registrar).

At the time of registration, if the registrar asks to show the original deed then it is your duty to show the same. Normally no such document is asked the registrar. The willingness and genuinity of the recitals in the document will check by registrar.

Ajay N S
Advocate, Ernakulam
3990 Answers
93 Consultations

5.0 on 5.0

Your grandmother is not required to submit the documents in the house, which is not even changing ownership and it seems that something is fishy.

Moreover, if the property of your grandmother is self-acquired, then son has no share in her estate and she may dispose ot off, however she likes. The son would have share, after death of your grandmother, if she dies intestate.

Siddharth Jain
Advocate, New Delhi
5928 Answers
101 Consultations

5.0 on 5.0

If she wants to transfer a house to her son's name, she can do so by way of a gift deed or relinquishment deed, which should be registered.

She can also make a will bequeathing the other 2 properties in favour of the other two sons, so that no disputes occur in future.

It's advisable to get the will registered too.

Hope this helps.

Regards.

Siddharth Jain
Advocate, New Delhi
5928 Answers
101 Consultations

5.0 on 5.0

1. The said procedure of submission of the original deed of the present house for transferring the secondary property to the said son purportedly insisted by the Registrar is bogus.

2. In no way the title deed of one property is required by Indian Law for transferring another property.

3. I smell preparation of a serious foul play in future.

4. Ask your grandmother not to even discuss about the title deed of the house where all are staying now. It might be taken away and she might e forced to transfer that property also.

5. Moreover, no body on the earth has any claim on her any of the three properties which she can deal with in any way she feels like and she can very well refuse to transfer her any property her said son which he can not claim legally.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

Firslty, I may tell you that if your grandmother is giving from her own wish then it’s ok otherwise no one can take any property by her on the ground of any settlement as all properties are her.

Secondly, but, if she herself wants to give then yes documents would be needed. Though there are law of exception as to only give tranfererable property document not all others as their discription will only be purpose of conditions been put in the settlement deed.

But, yes if provide copies of all then would be good (not mandatory).

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

1) Grand mother can prepare gift and WILL deed on that sons name and son can make relinquish deeds on other legal heirs name.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

For transferring a particular proeprty from one person to another, the requirement is that the seller/transferor should possess the original title document to prove his/her clear and marketable title.

Therefore if all the properties are set in one document alone, then she may produce the photocopy as well as the original title document and submit the photocopy of the original title document to the registrar.

You cannot refuse to show the original document to the registrar.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

Hello,

The legal heirs has the right to claim theshare of the said property .

Regards

Swarupananda Neogi
Advocate, Kolkata
2941 Answers
6 Consultations

4.7 on 5.0

Dear Client,

In her life time, non child has claim in the property ans she can disown any on her choice.

It has been stated by the local registry office, that in order for the transferring of one of the secondary properties, the property document of the main house (in which they all reside in currently) is a needed. ---- fake call, no such thing.

Via Gift deed, ownership can be transfer in son, only copy of documents property which actually being transfer will required, no original.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

You need to execute a Registered relinquishment deed in favour of the properties in which you don't want your Share. And you can tell your grandmother to Execute Registered gift deed in your favour. Then the property can be mutuated in the names as decided.

Prashant Nayak
Advocate, Mumbai
27247 Answers
88 Consultations

4.4 on 5.0

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