Hi, My mother bought a plot from Sister Husband, So what we did is Sister husband trnsfer the plot to my sister and then sister transferred to my mother. We did only a thing i.e. Transfer Deed, But in the process of mutation in sub-registrar office(which is not done yet). So what would be the right suggestion that we go for mutation and rest OR we go for proper registry. What is the problem if we dont go for registry like is there any problem in sale, or we are still at risk for encroachment if we dont go for registry. This plot is not in approved by MCD. Its a village land.
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Transfer of property from husband d to his wife or your sister should be by registered gift deed
2) if mother is purchasing property from her daughter registered sale deed has to be executed to confer clear and marketable title to the property
3) then apply for mutation of property in your mother name
Mutation is the change of title ownership from one person to another when the property is sold or transferred. By mutating a property, the new owner gets the property recorded on his name in the land revenue department and the government is able to charge property tax from the rightful owner. The documentation procedure and the fee payable vary from state to state.
Answerd by Adv kavery Anand Bangalore.. dear client.. 1)Ur Mom perched plot from Ur sister's husband.. so directly he needs to transfer that property to ur Mom..
No need to transfer first on his wife's name and then she will transfer on ur mom's name.
2) yes u must get registered property on ur mom's name.. otherwise he will remain absolute owner of that property.. and u and Ur Mom will not have any rights on that property.. if u will not get registered on ur mom's name..
So meet a lawyer.. and get registr property on ur mom's name.
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Firslty, now after going through your query it seems that you have slightly taken the wrong way of transferring the property.
Secondly, but still, as now the property has been transferred to your Mother, I would suggest you to get it registered as soon as possible or create a new transfer deed.
Thirdly, but, if you wish to put the amount in the deed then you may have to give the stamp duty also on the basis of the present rate.
Clarifying my question Again: As per Revenue Department Haryana, Stamp Duty is waived off in transfer of immovable property to blood relation. Article: http://revenueharyana.gov.in/Portals/0/latest-release/Property_Transfer_1.pdf So to waive of stamp duty, we used this path. Sister's Husband(Original Registry) [H] -> Sister[S] -> Mother[M] The documents I have with me have below heading in comma: (On Both Transfer Documents i.e. H->S and S->M) "Transfer Deed" "Transfer of Immovable Property within family" "Stamp Duty Exempted as per Gazette Notification No.S.O.62/C.A.2/1899/S.9/2014 Dated [deleted] of Haryana Government Revenue and Disaster Management Department" So my Questions are following assuming Mutation will happen: 1> Is this document is equal to what we say is "Registry of a Property" or It is a "Gift Deed" or is it a "Sale Deed" or is it a "GPA" if none what is it ? 2> If this is not Registry, that one option we go for registry other is not, answer as per below options A> If we chose to go for Registry than will Stamp Duty occurs as stamp duty is waived off as per link shared by me. B> If we dont chose to go for registry will it be a problem in sale of this land or anyone can encroach this or my sister can claim this as her property.
1) it is not registered document and is in admissible in evidence
2) it is not a gift deed or sale deed
3)husband should execute gift deed in favour of sister register it
4)sister should execute sale deed in favour of mother register it
5) your mother does not have clear and marketable title to property as on date
Sir the registry is must the stamp duty has to be paid and the transfer has to be registered as the Registration Acts make it mandatory that the every transaction of the immovable property is registered and appropriated duty is paid
1. No the document is not registered it can be only taken as evidence in civil suit it does not give any rights
2. A. You have to mandatory to register and since the stamp duty is waived of the there shall be no stamp duty only registration charge has to be paid.
B. Yes there will be lot of problems title wont be clear and the further in future in sale the buyer wont buy property from unregistered deed,
If transfer deed ia duly registered and executed in sub registrar office then you can directly go for mutation. Otherwise you will need to duly register and execute it after that mutation can be done.
1. No this is not equivalent to the registry of the property.
2. it is a simple transfer of title among st the blood relative
it will be a problem to sell the property later if you do not go for registry.
If state government waves the stamp duty then go for registry.
Get in touch with a local lawyer at the earliest.
Regards
You have more negative factors in your side.
The transfer deed without registration is invalid in law and cannot be enforced in the court of law for any reason.
It is not encroachment but it is an invalid transaction.
Get it registered immediately and then apply for mutation.
So my Questions are following assuming Mutation will happen:
1> Is this document is equal to what we say is "Registry of a Property" or It is a "Gift Deed" or is it a "Sale Deed" or is it a "GPA" if none what is it ?
This is none of the ones what you have mentioned.
This is not a vehicle that you signed a TO form.
This transfer what you have executed is invalid in law until the same is registered.
Further there is no blood relationship between married sisters or between husband and wife.
Even then the registration of the transfer deed is essential.
2> If this is not Registry, that one option we go for registry other is not, answer as per below options
A> If we chose to go for Registry than will Stamp Duty occurs as stamp duty is waived off as per link shared by me.
It is your misconception about it, hence you may clarify the same from the local sub-registrar
.
B> If we dont chose to go for registry will it be a problem in sale of this land or anyone can encroach this or my sister can claim this as her property.
Without registration of the deed, you cannot acquire clear and marketable title to the property hence you may not be able sell it.