• Property transfer in the name of son

I am alone son of my father and want to get the property in my name at my home town . I stay in a different state from my home town due to job and want to initiate the process. Please advise on legal steps for the same.
Asked 4 years ago in Property Law
Religion: Hindu

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18 Answers

Father can execute gift deed in your favour 

 

gift deed should be duly stamped and registered 

 

then apply for mutation of property in your name 

Ajay Sethi
Advocate, Mumbai
94690 Answers
7527 Consultations

5.0 on 5.0

A gift deed must be made by your father in your name. Then you can take possession of the property and the gift is complete.

Regards 

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

A gift deed must be made by a lawyer who should incorporate all tge necessary details and 2 witnesses should sign the same.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

Engage a local lawyer for drafting gift deed 

 

no standard format is available 

 

your father would have to pay stamp stamp duty and registration charges fir gift deed 

Ajay Sethi
Advocate, Mumbai
94690 Answers
7527 Consultations

5.0 on 5.0

Dear Sir,

After Life time of your father, it will devolve on his wife and his only son (you), each half share.

After her (your mother) Life time, her half share devolve on you. Thus you shall become a single owner for the whole property.

If you want to have the now itself, during the lifetime of your father, you can get a settlement deed executed by him in favour of you and get it registered.

The cost for Registration is less only.

But if you want to claim right now then you have 2 options-

  1. Either you get it like gift from father but that will involve registry and cost you stamp duty etc. of entire property cost. Registry itself a costly deal.
  2. Next option is WILL, he can write a will in your name to save long process and you will be owner of his property, after him only.

Any other option as per HUF is not available or may be suggested by Lawyer.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

- If your father is absoluete owner of the said property , then the said property can be transfered in your name by executing a registered Gift Deed.

The amount of stamp duty payable onGift Deed is same as in a regular sale.

- However, since your father will transfer the said property to you, he will get rebate in the stamp duty.

- The registeration of Gift deed is mandatory as per law .

- Try to engage a local  Lawyer for the drafting and registeration of the Gift Deed.

 

Good luck and dont forget to rating Positively.

Mohammed Shahzad
Advocate, Delhi
13211 Answers
198 Consultations

5.0 on 5.0

Execute POA in favor of father, than he will execute gift deed in your favor, if you cannot be present for registration of gift deed.

Otherwise, Gift deed will execute, both presence will require, 3% stamp duty and will register at sub registrar office.

Yogendra Singh Rajawat
Advocate, Jaipur
22623 Answers
31 Consultations

4.4 on 5.0

1. Let your father gift the property to you by registered Gift Deed in the jurisdictional Sub Registrar's Office.

2. You can approach a Lawyer to draw the Gift Deed and get it registered. In this way you can become the owner of the property.

Shashidhar S. Sastry
Advocate, Bangalore
5108 Answers
314 Consultations

5.0 on 5.0

Your father needs to pass on this property to you under a gift deed.

You need to pay the applicable stamp duty and registration fee on this gift deed. Make your you get the gift deed registered.

Let a local lawyer in your hometown walk you and your father through all the formalities involved. 

Vibhanshu Srivastava
Advocate, Lucknow
9600 Answers
303 Consultations

5.0 on 5.0

The best thing for you to do would be to have your father execute a Gift Deed in your favour for the property. You will need to pay stamp duty on this as per the prevalent circle rates, but this is the cheapest option available to you. To secure yourself, you should also have the Gift Deed registered.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

a gift deed is drafted with the help of a lawyer and it describes what is being transferred and to whom. Gift Deed is a contract between donor and the donee which defines simultaneous and reciprocal act of giving and taking. A gift to be valid must be made by a person voluntarily and not under compulsion without any exchange of money.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Dear Client,

Your father may transfer the property he owns by a gift deed or transfer deed by a will. 

But Gift deed is the best option. Get gift deed drafted by a advocate. You have to get registered in the office of the land registrar of your region. 

Jaswant Singh
Advocate, Gurugram
929 Answers
2 Consultations

4.8 on 5.0

Dear Sir,

You may take help of local lawyer who will draft the gift deed and send it to

You for your approval online.

Kishan Dutt Kalaskar
Advocate, Bangalore
6136 Answers
487 Consultations

4.8 on 5.0

Gift deed is best option and it is very economical as well your father can execute a gift deed get it registered and transfer the property in your name after payment of required stamp duty for transferring the property

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

See your father can register a gift deed in your favor or can make will so that on his demise you receive the complete property.

In life it can be done through the gift deed , the deed need to be registered and stamp duty on same has to be paid.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

See you can engage an advocate to draft the deed for you, samples you can find on google for your reference though you will need help of advocate for same and registration of gift deed.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Your father can execute a Gift deed in your favour for transfer of property to your name. 

Your father can visit tehsil of your area for drafting of deed as per requirement and registration.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

You can execute a gift deed. You can approach me for assistance through kaanoon

Prashant Nayak
Advocate, Mumbai
31930 Answers
179 Consultations

4.1 on 5.0

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