• Property transfer between real sisters post both parents death

Below is a background of this query:
1. My father expired in 2010, leaving behind his wife and 2 daughters.
2. My mother expired in 2017, leaving behind her 2 daughters (me and my younger sister).
3. No WILL has been left behind by either of the deceased. 
4. There is a flat (550sq.ft) that was bought jointly by mother and my sister(then unmarried) in 2015. No loans exist on this property. Possession has been handed over by the builder. 

Now, post my mothers death, my sister wants to willingly transfer this flat ownership to me. We are thinking, we can go for a GIFT DEED. Please advice the best option and what all legal documents should we prepare to have complete ownership transferred in all aspects from 2nd daughter to 1st daughter.
Asked 7 years ago in Property Law
Religion: Christian

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14 Answers

you and your sister have equal share in the 50% share of your deceased mother in the flat

your sister already holds 50% share in the flat in her name

so your sister's total share in the flat is 50% + 25% = 75% 

you already hold 25% share in this flat from the 50% share of your mother

so your sister can transfer her 75% share in the flat to you by a gift deed

there wont be any issue in transfer of your sister's 50% share in the flat to you

there may be issue in transfer of 25% share of your sister which she inherited from your mother

a gift deed has to be registered. And so the registrar may ask you to provide a letters of administration for transfer of 25% share of your sister to you 

i suggest you get the gift deed drafted and give the document to a registration clerk to show it to the sub-registrar

if he is not insisting for a LA then well and good. You can proceed for the registration

if not, then your sister can only transfer her 50% and for balance 25% she will need a letter of administration 

even otherwise for the 25% share which you have inherited from your mother, you will need a registered transfer document which can be obtained only by applying for LA

Yusuf Rampurawala
Advocate, Mumbai
7899 Answers
79 Consultations

1) your sister can execute gift deed to transfer her  75 per cent share in flat in your name 

 

2) gift deed should be duly stamped and registered 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Mam a relinquishment deed or a gift deed in favour of the 1st daughter for the undivided share i.e. 3/4 of 2nd daughter since in Maharashtra stamp duty on the gift deed is 3 percent only. The second sister shall make a registered gift deed for her share to the 1 st daughter. 

 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

You can execute gift deed or relinquishment deed. 

 Stamp duty is a State subject and hence would vary from State to State. The stamp duty in many States is paid as per the market value as assessed by the stamp office.. 

 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

1) you can go for relinquish deed and registered property with sub registrar of your area.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

The property belongs to your sister now as your mother is not alive. Gift deed is the best option as you both would not have to pay any tax to the government.

A deed should be prepared and it can be done by your lawyer. Then get it registered. On the basis of that the ownership would be transferred.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

1. Flat belongs to Mother & Sister, in following ratio:
a) Mother's share - 50%
b) Sister's share - 50%

2. Sister can Gift only her own 50% share to you and CANNOT gift mothers 50% share.

3. Both sisters would have to execute a registered Family Settlement Deed, wherein mothers 50% share would be transferred to you, by mutual understanding and signatures. This alone would give clear title over mothers 50% share. PERIOD.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

You both are legal heirs of her 50% share  of flat. So your sister can do gift deed of her total share of 3/4th ( 50% her share + 25% share from mother) to you.

 

You require legal heirs certificate.

G Suresh
Advocate, Chennai
394 Answers
5 Consultations

1. You already inherit 50% share of your mother's 50% share of the said flat i.e. its 1/4 th share, being her legal heir.

 

2.  Your sister can register a gift deed transferring her 3/4th share of the said property in your name.        

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

Your sister is the 50% off shareholder of the Mother's share of the property along with the 50% share of the flat she owns.

She can make a gift deed for 75% of the share in your favour to get the property transfer in your name.

You may mutate the property after payment of nominal stamp duty for the value of the property.

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

  1. As per the information mentioned in the present query, make sit clear that a sister wants to give the flat to the second sister, which is really appreciable.
  2. Yes, you both can go for the gift deed, and for that you may not have to pay any stamp duty as gift deed is exempted from stamp duty.
  3. But for the same, there should be no money included in the transaction, meaning here by is that sister transferring the property should not get any money from the other sister.
  4. You can go for the gift deed and get it registered before the registrar, to give it a legal sanctity.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

If your sister wants to transfer the title and the property to your name, she may execute a registered release deed relinquishing her rights in the property after which you will be an absolute owner with clear and marketable title to the properties.

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Gift deed will be sufficient. Execute the Registered gift deed

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

Dear Madam,

You may go for just getting NOC and see that it is transferred as other sister is not having any objections.  because after the death mother her share will be divided into two i.e. 25% each.  Thus the share of other sister becomes 75%, if she wants to execute gift deed then it must for 75% of share.

 

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

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