1. Father was owner of 50% share in the flat. His share will devolve on his legal heirs who are his widow and children equally under section 8 of Hindu Succession Act read with Schedule 1. Thus you have your own 50% plus 1/6th share from the 50% share of your father. You cannot claim as an absolute owner. Your mother and 4 siblings are also co-owners
2. If the other co-owners are transferring the property without any consideration then release deed will be required. If no consideration is passing then gift deed will be needed. Whatever be the document, it has to be duly stamped and registered
3. For gift deed, transfer from mother to son and siblings to brother, I think now its 3% + 1% cess on the market value of the share being transferred. For release deed, it will be stamp duty as applicable for a sale or conveyance (concessional stamp duty won't apply since this is not an ancestral property)
4. Stamp duty has to be paid on the present market value of the share being transferred or the consideration passing between the parties (in case of release deed), whichever is higher
5. If the parents of the major children (your niece and nephews) then they cannot claim any share in this property (because your siblings were living when your father passed away and under the Hindu succession act, grandchildren are given a share when the children predeceased the Hindu male)
6. Letters of Administration will be required for administering the estate of your deceased father
Your last comment is pathetic! How can any lawyer possibly misuse your details. No names or any other material particulars are disclosed. If you are so concerned about such misuse, you should not have posted your query on a public platform like kanoon. You ought to have consulted a lawyer privately. This is certainly not the way to put any query to the lawyers on this platform. Highly unfortunate Sir!!
3. For gift deed, transfer from mother to son and siblings to brother, I think now its 3% + 1% cess on the market value of the share being transferred. For release deed, it will be stamp duty as applicable for a sale or conveyance (concessional stamp duty won't apply since this is not an ancestral property)
THE ABOVE PARA IS CORRECTED AS BELOW
for gift deed transfer from mother to son, stamp duty is Rs. 200/- + 1% cess and for transfer from siblings to sibling, SD is 3% + 1% cess
5. If the parents of the major children (your niece and nephews) then they cannot claim any share in this property (because your siblings were living when your father passed away and under the Hindu succession act, grandchildren are given a share when the children predeceased the Hindu male)
THE ABOVE PARA IS CORRECTED AS BELOW
5. If the parents of the major children (your niece and nephews) ARE ALIVE, then they cannot claim any share in this property (because your siblings were living when your father passed away and under the Hindu succession act, grandchildren are given a share when the children predeceased the Hindu male)