• Giving property back to Mom and Siblings

Many years back I bought a land constructed a home, Land was brought after selling my parents property. In order to avail the House construction Loan I have purchased the land in my name. But now I wish to change the property back to my mom (father passed away) or include my mother,brother and sister as joint owners of the property. Or divide the property rights among all of us. What is the best way ? Kindly advice
Asked 6 years ago in Property Law
Religion: Christian

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13 Answers

To save the stamp duty and registration charges you can make gift deed . where  in gift deed you transfer your sharing ratio that is title of ownership rights to on other legal heirs accordingly

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Since property is purchased by selling parent house, all have equal share already. To make it specific can execute partition deed.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

You can execute gift deed in favour of mother , brother and sister to give them share in property 

 

gift deed should be duly stamped and registered 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

The property was bought using your parent's property and hence they along with your siblings have a share in the property. They may raise disputes as to their share in the property. Therefore you can transfer it to your mom. All should bear the cost of construction. After your mother you and your siblings can divide the property.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

- As per law, all the legal heirs are having equal right over the property left by the parents.

- Hence, you can distribute the property as per your settlement .

- Since, you had taken the property earlier for availing construction loan , hence presently you are the owner of the same. 

-  You can execute a Family Settlement , for the distribution of the property.

- The registration of a  family settlement is not mandatory , but for the sake of future distribute it should be registered. 

- Further, you can also execute a Gift deed in favour of your other family members , But registration of a Gift Deed is mandatory as per law. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

1. you can ask your mother/siblings to file a case of partition against you,

2. being an admitted suit the court will decree and partitioned the property as per the prayer,

3. another option is to transfer the share of each person on their name through a transfer/gift deed

Suneel Moudgil
Advocate, Panipat
2386 Answers
6 Consultations

If you want to transfer the property to your brother sisters and mother you can gift the property to them and get it transfer and payment of small stamp duty in case you sell the property to them back the stamp duty will be much more than the transfer through gift deed

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

See you can gift the property in equal proportion to all your siblings and mom and they can be joint owners of the property.


A registered gift deed can be made and executed for same before the sub-registrar office.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

You can execute gift deed in favour of your mother and siblings..

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

If it's a self acquired property then it can be given to anyone

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

You can gift a portion of the property  without specifying the share, to all the members of household and execute a registered gift deed to this effect after which all of you will become joint owners of the house property. 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

1..The best way is to execute gift deed in favour of your mother and siblings. 

2. If you want to give equal shares to all siblings and your mother then execute gift deed accordingly.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

1. You can execute a properly Stamp Duty paid and Registered "Gift Deed", in favor of Mother, Brother & Sister, gifting 25% share each to them and retaining 25% share for yourself in the property, which effectively would mean that all four of you shall have 25% stake in the property, in the Revenue /Municipal records, for all futuristic transactions....

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

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