You need to execute registered gift deed or will if she is alive. Otherwise needs to transfer the same through mutation in your name
hi can you please help me with the procedure of transferring my mother's property in my name
My mother has a property in Kalkaji and wishes to transfer it in my name. What is the procedure for the same? Is it possible to transfer it in my brother's name who are US citizens?
You need to execute registered gift deed or will if she is alive. Otherwise needs to transfer the same through mutation in your name
your mother will have to execute a gift deed of relinquishment deed in your favour in order to transfer the property in your name for which the deed needs to be mandatorily registered in sub register office in the presence of two witnesses. It can be transferred in your brother's name also even if they live overseas.
Registration part is mandatory and cannot be dispensed with.
It appears that your mother is alive ad she wishes to transfer this property in favour of sons .
2. There is no legal impediment in doing so as long as she is the owner of the same. there is no restriction in transferring the same in the name of her son who may be a foreign national or ordinary resident in abroad.
3. To do so she will have to execute a registered deed of gift in sole name of yours or in joint names of her sons depending upon her choice. f she wishes to give this property after her death then she can make a Will to be attested by two witnesses.
Mother has to make a registered gift deed properly stamp and registered at sub registrar office. Yes it can be transferred to brother also.
Hi,
if mother is absolute owner of the property, she can transfer it on the name of anyone i.e. in your name or in the name of your brother. However, there are various modes of transfer are available, the best mode is of gift deed which can take place in registrar office paying due stamp duty.
Through GIFT deed, ownership will trasfer in your or brother name. US citizen can own residential property in India.
Your mother can make a registered Gift deed on your name by paying required stamp duty for gift deed. And on basis of that gift deed you can apply for updation of property record in MCD.
Yes the property can be transferred to your brothers name by way of gift deed by your mother.
If your mother is not living and she is reported to have died intestate then the property lying on her name or left behind by her shall devolve on all her legal heirs equally.
Therefore you may first obtain a legal heirship certificate from the revenue department and after that obtain NOC from other legal heirs for transferring the property to your name.
Then apply for mutation of property to your name on the basis of the above said documents before the Tahsildar's office within your jurisdiction.
If your mother is living then she can execute a registered settlement deed either on your name or on your brother's name.
For transferring the property on your brother's name who is a NRI, his presence is required either in person or through his power of attorney agent in India for getting the property transferred to his name.
Please remember that the agricultural property cannot be transferred to his name by a registered settlement or gift or sale deed.