• I want to gift my flat to my sister

Me and my brother has joined property two floor which was in my father name and father make the Power of attorney in my and my brother name, now i want to give my share to my sister, please advise what will be the right process.
Asked 4 years ago in Property Law
Religion: Hindu

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22 Answers

Relinquishment deed is a legal document/instrument where a person legally or formally gives up or releases his legal rights of the said property being relinquished in the name of some other person. This is one of the modes of transferring rights of an immovable property.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

A gift deed is a deed in which the consideration is not monetary, but is made in return for love and affection. It is a document which transfers property to another as a gift. Such a deed is often used to present someone with a gift. Transfer of a gift deed can be reported as a gift for federal tax purposes.

A legal document that removes a previous claim or lien on an asset. A deed of release is usually issued once a mortgage or other type of debt, previously secured against the asset, has been paid in full. After the deed of release is written, the asset is owned free and clear by the owner, and any previous claims against the asset that the lender may have had are dissolved.

You can if so required execute Relinquishment Deed which can be executed between blood relations and there is no stamp duty required to be paid as per valuation of property.

Gift Deed on the contrary requires payment of stamp duty.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

You'll have to get a relinquishment/gift deed in favour of your sister duly drafted by an advocate and get it registered, after payment of stamp duty in order to transfer your rights to your sister, if the property is in your name.

But as per your query, your father has only issued a Power of Attorney in your and your sister's name, which does not confer any title on you, so firstly, you'll have to acquire a title yourself from your father by way of Gift / relinquishment deed, then you can transfer the property in her name.

For any other queries, feel free to contact.

Regards.

Siddharth Jain
Advocate, New Delhi
5925 Answers
101 Consultations

5.0 on 5.0

1. It appears your father has died and without any Will.

If that is so then on his death his property devolves upon his 2 sons and one daughter and your mother, if alive.

Now you can transfer your share to anyone including your sister by way of a deed of gift which requires registration as well.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

This is self acquired of your father, you have no right over the said property until and unless transfer the property rights in your name. After transfer of property in your name you can gifted the property to your sister as you like. All the best.

C. V. Jadhav
Advocate, Bangalore
545 Answers
18 Consultations

4.7 on 5.0

First you have to register property on your name instead of POA. Get first property papers transferred on your name and than your brother can make relinquish deed.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

After the death of your father, you and your brother, sister have equal rights over the said property as legal heirship of your father. After change of Khatha in your names, after that you have to gift, or release your rights over the share of your part to your sister. This is the correct and legal way. All the best.

C. V. Jadhav
Advocate, Bangalore
545 Answers
18 Consultations

4.7 on 5.0

Basically, POA holder is an agent of the person executing the POA, and on death of your father, the POA is terminated.

Therefore, you'll have to apply for succession certificate of your father in civil court. The title of a property can be transferred through a systematic process of transfer which can be based or done through a Law of Natural Succession where class I legal heirs are the inheritors.

Siddharth Jain
Advocate, New Delhi
5925 Answers
101 Consultations

5.0 on 5.0

See on demise of your father the POA will not be valid as this expires with death of your father.

So in this situation the ownership of property lies with the legal heirs of your father that is you, brother, sister, mother ( if alive.)

so considering mother is alive the property shall have 4 share one of each and if she is not then 3 share.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

So in this situation first of fall you can transfer said property in your name by way of mutation when it is done.

You can transfer your undivided share to your sister or you all can make a family settlement where one share goes to sister and one to brother and other two gives up there share by way of relinquishment in this way they can occupy the flat.

The deeds should be registered and stamped,

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

But, POA needs to be perused first by an advocate before filing for succession certificate, as sometimes power of attorney is irrevocable, when coupled with consideration under Section 202 of Indian Contract Act cannot be terminated on death of the executor.

Siddharth Jain
Advocate, New Delhi
5925 Answers
101 Consultations

5.0 on 5.0

The power of attorney after the death of the father is not valid and your sister is this a holder of one by third share of the property in case you wish to transfer your share to your sister then the total holding for her will be two third you may do this transfer by simply providing relinquishment of share and the property will be transferred to your brother and sister as per their shareholding including your share

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

Hello,

You can transfer the property by means of a gift deed as you are the POA holder of your father. However, if there is a clause that POA will become invalid after the death of the executor then this can not be done.

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

If above is the case then the property needs to be transferred to the legal heirs first and then only you can gift the property to her.

Get in touch with a local lawyer who can help you with the same.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

1. Since your father is no more the PoA cannot be used anymore

2. For gifting your share to your sister you will first have to obtain letters of administration from court

3. Once granted, your share can be transferred to your name under a transfer deed executed in your favour by the administrator

4. Alternatively the share can be directly transferred to your sister name and you can become a confirming party in the transfer deed by the administrator

5. You can become an administrator under the petition for grant of letters of administration

Yusuf Rampurawala
Advocate, Mumbai
6876 Answers
79 Consultations

5.0 on 5.0

on demise of father POA ceases

2)on demise of father your mother , you and your siblings have one fourth share in property

3)you can execute gift deed for your one fourth share in property in wife name

4) gift deed should be stamped and registered

Ajay Sethi
Advocate, Mumbai
87897 Answers
6207 Consultations

5.0 on 5.0

execute gift deed to transfer one fourth share of property in sister name

2) gift deed should be duly stamped and registered

Ajay Sethi
Advocate, Mumbai
87897 Answers
6207 Consultations

5.0 on 5.0

Dear friend,

You can give share to your sister by execution a Gift deed. The rules of gift deed are as follows.

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Gift Deed – once registred no cancellation

A gift is a money or house, shares, jewellery, etc. that is received without thought, or merely an asset acquired without making a payment against it and is a capital asset for the ‘Recipient.’ It can be as cash or movable property or immovable property.

If you might want to gift the property to any of your blood relatives, Gift deed can be used. In the case of immovable property, it is required to register the Gift Deed as per Section 17 of the Registration Act, 1908.

This kind of transfer is unavoidable. When you gift the assets like land, it belongs to the beneficiary or receiver of the gift and you cannot switch the transfer or even ask money related compensation.

It can be a cost effective method of transferring the ownership.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

This is my response to you:

1. You can make another POA to transfer the share to your sister's name;

2. Make sure the POA is registered;

3. You can transfer only your share to her;

4. Also demarcate the remaining floors that can be given to your sister;

5. It is a simple process and can be done without any hassles.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

Firstly, as you are only having the POA, so at present the possession may be in your favour but not the ownership.

Secondly, in fact if there is no will then your sister would also get her share in the property as Hindu Succession Act.

Thirdly, now there would be three shares, and you are free to transfer the same to her.

Fourthly, but you all have to abotain the Succession certificate from the court before you apply for the shares in the court and get the same transfer to your respective names.

Fifthly, as only two floors are there so there may be no distribution and any two of you would have to pay the amount with respect of her or his share to the third one.

Sixthly, then you can gift your portion to her by way of gift deed without any amount to avoid the stamp duty.

I have tried to answer you in the best possible way.

Rest you are free to contact me.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

Please note that the power of attorney deed will not confer title to the property.

Until and unless you acquire clear and marketable title to the share of property what your father has given you, there is no possibility for you to transfer the property to your sister by executing a registered gift deed or by any other mode of transfer.

Ascertain your title to the property and then decide about the further transfer

T Kalaiselvan
Advocate, Vellore
78050 Answers
1543 Consultations

5.0 on 5.0

Since your Father, who was the principal/executor of the POA, has passed away the POA deed executed by him stands cancelled automatically upon his death.

Hence the property shall devolve equally on all his legal heirs, i.e., you your siblings and on our mother.

you can very well relinquish your rights by executing a registered release deed in favor your sister who shall avail your share besides her own share ion the property.

T Kalaiselvan
Advocate, Vellore
78050 Answers
1543 Consultations

5.0 on 5.0

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