• Transfer of name

hi
can you please help me with the procedure of transferring my mother's property in my name
Asked 6 years ago in Property Law
Religion: Hindu

3 answers received in 10 minutes.

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14 Answers

You need to execute registered gift deed or will if she is alive.  Otherwise needs to transfer the same through mutation in your name

Prashant Nayak
Advocate, Mumbai
34748 Answers
252 Consultations

Yes. I'll be glad to help you in this matter.

Feel free to contact 

Siddharth Jain
Advocate, New Delhi
6619 Answers
102 Consultations

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.

Siddharth Jain
Advocate, New Delhi
6619 Answers
102 Consultations

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.

Devajyoti Barman
Advocate, Kolkata
23669 Answers
538 Consultations

See if mother is alive she can make a registered deed in your favour.

 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Mother has to make a registered gift deed properly stamp and registered at sub registrar office. Yes it can be transferred to brother also.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

your mother can transfer her property through gift deed to any one of child. 

Mohammed Mujeeb
Advocate, Hyderabad
19388 Answers
32 Consultations

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.

Ganesh Singh
Advocate, New Delhi
7172 Answers
16 Consultations

Your mother can execute gift deed in your name 

 

2) gift deed should be duly stamped and registered 

Ajay Sethi
Advocate, Mumbai
100088 Answers
8173 Consultations

Mother can execute gift deed for transfer of property in your name 

 

contact a  local lawyer 

Ajay Sethi
Advocate, Mumbai
100088 Answers
8173 Consultations

Through GIFT deed, ownership will trasfer in your or brother name. US citizen can own residential property in India. 

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

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. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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.

 

T Kalaiselvan
Advocate, Vellore
90291 Answers
2513 Consultations

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.

T Kalaiselvan
Advocate, Vellore
90291 Answers
2513 Consultations

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