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