• Transfer of property from father to son

Hi,

We are a Muslim family, father, mother , i (only son) & 2 elder sisters.
my father have decided to give our house to me, with out giving any share or money to my 2 sisters.
So my question is that what is the procedure & what deed should be done for this transfer to take place.
Is my sisters consent or signature needed.(in a discussion with my father orally they have agreed to not claim any thing). But i know life can change anything and their minds also.
what will be the cost for the whole transfer procedure.
Thanks
Asked 6 years ago in Property Law
Religion: Muslim

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5 Answers

Gift Deed will execute, no say of sisters. 3% stamp duty payable. But under Muslim law, registration dose not require. To complete gift, there must be an offer (izab), an acceptance (qabul), and transfer (qabza).

Yogendra Singh Rajawat
Advocate, Jaipur
23086 Answers
31 Consultations

Father can make a registered gift deed in your favor and same has to be compulsorily registered and stamp duty on same has to be paid. 

No consent or signature of the sisters required. 

Cost on value of the property.  

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Father can execute gift deed in your favour 

 

2) advisable to register gift deed 

 

3) consent of sisters is not required 

Ajay Sethi
Advocate, Mumbai
100088 Answers
8173 Consultations

1.  Father can Gift his self-acquired property via a stamp duty paid registered Gift deed in your favor, with "confirming & consenting signatures" of mother & two sisters.  This will be legally final for all futuristic purposes.

2.  Usually the Stamp Duty would be 3-4% of the rateable value of the property and registration fees plus advocates fees for drafting gift deed.  All this can be conducted within 7-10 days/

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

If it's a self acquired property they can't give this through gift deed or will. 

Prashant Nayak
Advocate, Mumbai
34748 Answers
252 Consultations

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