Your mother in law can execute relinquishment deed to relinquish her 50 per cent share in flat
Relinquishment deed should be duly stamped and registered
I and my mother in law are joint owners of a flat in Kharghar. She is the first owner and I the second. Now we are planning to get the flat transfer completely on my name. What is the procedure for the same?
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Your mother in law can execute relinquishment deed to relinquish her 50 per cent share in flat
Relinquishment deed should be duly stamped and registered
1. Mother can execute a Stamp Duty paid Registered Gift Deed in your favor, thus affecting 100% Transfer of Property, in your favor. It is very simple.
a) Stamp Duty: 200/-
b) Registration Fee: 200/-
c) No other Govt. charges
2. AFTER above duly submit notarized copy of Gift Deed with proper application to Society. No Transfer forms or transfer fees are payable, since you are already Flat-Owner and Member of Society.
Keep Smiling .... Hemant Agarwal
Your mother in law can execute a relinquishment deed in your favour of her share of 50% in your name or can make a gift deed in your favour but you need to pay necessary stamp duty applicable in your state if it is gift deed in your favour.
1. Your mother in law shall have to register a gift deed in your favour by paying the stamp duty and the registration fee in connection with the 50% share of the flat held by her.
2. Once the said gift deed is registered, you shall become the sole owner of the entire flat.
1) You can go for relinquish deed, as it is very less expensive.
2) And get it registered with registrar.
Your mother -in law has to execute a registered release deed or relinquishment deed before concerned sub registrar or registering authority in your favour in respect of the joint property by mentioning the terms and conditions for such release of her ownership rights and the consideration paid if any,
Immediate after getting registered teh release deed or relinquishment deed you have get mutate the same property in your name in all concerned department viz., municipal, electricity etc.,
Your mother in law can make a registered gift deed in you favour if no consideration involved further the stamp duty at the @ 3percent of market value of the 50 percent share has to be paid and the same has to be registered with the jurisdictional subregistrar.
Your mother can relinquish her right on share by making relinquishment deed and registering it in concerned sub registrar. Then on the basis of that you can mutate the property on your name.
There is two ways of doing the same:-
Firslty, she can gift you the same then
you can get it registered own your name.
Secondly, she may relinquish also her share on to you.
But, in both the options, if any consideration has been paid then you may have to pay the stamp duty twice, one on the gift or relinquishment, and second at the time of getting it registered in on your name.
This is my response to you:
1. Your mother can execute a Deed of Relinquishment and get the transferred all in your name;
2. In the alternative your mother can also execute a Gift Deed in your favour;
3. Consult a local lawyer and go ahead with the same;
4. It is a very basic process with minimum stamp duty (since its family) and nominal registration fees.
mother in law can gift her share to his son - stamp duty is 500
then son can gift his share to you (wife) - stamp duty is 500
if gift from mother in law to daughter in law is made then stamp duty will be 2% of market value of flat
so execute two separate gift deeds well spaced in time and save stamp duty