• Transfer of property from HUF to individual

We are 3 brothers and have a flat in Mumbai owned by father and I registered under HUF deed, now my father has expired 3 yrs back, so want to know what's the procedure for transferring the property to our name, we 3 brothers are OK in getting property in our name. Kindly advice on the same. Do we have to pay stamp duty to get it transferred on our name ?
Asked 4 years ago in Property Law
Religion: Hindu

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12 Answers

Sir you can make a partition deed for the distribution of the HUF property for all the members. If mother is there she has a share too. Futher for now the helder brother is karta though through a registered partition deed it can divide. You need to register the partition deed and pay stamp duty for same.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

If it is a HUF property then there is no need of any transfer

HUF is a dynamic entity

When a coparcenor dies, the share of other coparcenors automatically increases

When a coparcenor like son or daughter is born, the share of other coparcenors automatically reduces

If you want to transfer the property to 3 names of sons from HUF then all the members of HUF can execute a deed of family settlement whereby all other coparcenors will transfer and release their shares to the 3 sons by executing release deed

There is nominal stamp duty of 500 payable on release deed

Yusuf Rampurawala
Advocate, Mumbai
6876 Answers
79 Consultations

5.0 on 5.0

1) First, to get transfer flat title from father's name to on legal heirs name there is no stamp duty or registration charges just on need to pay nominal fees it will be less than 1k.

2) After transferring title's on all 3 brothers name later on, the one who doesn't what share in the flat can make relinquish deed to on other brothers name and get registered this relinquish deed here you have to stamp duty, which also very less as compared to sale deed.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

Sir a registered partition deed has to be made further if the big brother is not interested then he can relinquish his share through a deed to the brother he want or to the both.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

All coparcenors/members of HUF can enter into a family settlement deed

I hope there are no minor members

In that deed all coparcenors agree to release and relinquish their respective shares to names of the sons

Then individual or joint release deed can be executed and registered

For release of share in ancestral property there is minimal stamp duty

I dont what others on this panel have advised you to the contrary as i cant see their responses

Yusuf Rampurawala
Advocate, Mumbai
6876 Answers
79 Consultations

5.0 on 5.0

1. Property in name of HUF, cannot be transferred to individuals, unless the HUF is dissolved by following due procedure of law.

2. HOWEVER, the Eldest son of the deceased Karta (of HUF) can now become the new Karta, by following due procedure of law, for income tax & other purposes.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

Dear client,

After father death , next elder brother will become karta. Now have to dissolve the HUF or dissolved after non want to be karta, SAME shall me infomred to income tax dept.

Once HuF DISSOLVED, property will inherit by 1/3rd each and will tranfer in joint ownership of all 3.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Most u will need, a legal heir certificate .

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

If you three are the only shareholders or coparceners then you can dissolve the HUF and draw a partition deed, the same can be registered

In Maharashtra there is no stamp duty payable for the transfer of immovable properties within blood relations.

T Kalaiselvan
Advocate, Vellore
78050 Answers
1543 Consultations

5.0 on 5.0

Actually we are 3 brothers and our father mother both have expired, our elder brother is not interested in the property and we need to transfer the property from HUF created by father to our name , kindly advise the procedure as we are getting mix opinion reg stamp duty etc..

Upon the death of your father cum Karta, you all can decide to dissolve the HUF and enter into partition as per your own agreed conditions, get the partition deed registered and take possession accordingly.

T Kalaiselvan
Advocate, Vellore
78050 Answers
1543 Consultations

5.0 on 5.0

Hello,

after the death of the father, the eldest member of the family becomes the karta of the property and without his consent the property can not be transferred.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

You may dissolve the HUF and then get the share of the property on your name.

Get in touch with some local lawyer, who may tell you the local laws in this regards.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

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