The cost effective way is only a registered will which will be effective after death of testater. Otherwise the other way is gift deed which will incur applicable stamp duty and registration charges.
Thank you for your advice in advance. I really appreciate it. I have a situation which I wanted your advice on. We are two brothers, I have completed my engineering and am earning. My brother has epilepsy and doesn't work and is dependent on me. My father has two flats in kolkata (say Flat-A and Flat-B). Flat A is in my father's name. Flat-B is jointly in my and my father's name. Flat B - though in joint name, I have paid the bank loan on it. As of 15-April-2020, i have 5 more EMIs left to complete. Question: How should my father and I, most cost effectively (in Kolkata/ WB) transfer both Flat A and Flat B to my brother's name? 1. What should my father do for FLAT A to be fully on my brother's name? 2. What should my father and I jointly do to transfer Flat B fully to my brother's name?
The cost effective way is only a registered will which will be effective after death of testater. Otherwise the other way is gift deed which will incur applicable stamp duty and registration charges.
Father can execute gift deed to transfer flat A in brother name
further for flat B you and father can jointly execute gift deed to transfer flat in brother name
gift deed should be duly stamped and registered
Hi
You may consider either of the three options depending on the health condition of your brother:-
Option 1: -
You should consider transfer of property to your brother's name if and only if your brother has less than 25% physical impairment (i.e Moderate – 1-5 convulsions/month on adequate Medication) by way of executing a gift deed as follows:
1) Your father can execute a registered gift deed in favour of your brother for Flat -A
2) Stamp duty is at 0.5% of total valuation of property and registration charges of 1.2% of total property valuation.
3) You can sign the gift deed as a witness,
With respect to flat B, Since you and your father are joint owners, both of you need to execute a gift deed in favour of your brother and you may do after you have paid all your EMI's.
Option 2: -
However if your brother is having more than 6-10 convulsions/month despite medication you should consider forming a registered trust wherein you and your father will be the trustees and your brother will be beneficiary of the rentals/proceeds etc if any, given the fact that your brother might not be able to handle the affairs of the property on his own and hence a trust may be required.
Option 3: -
Alternatively, you can also approach the District Collector with a prayer to appoint you as the guardian for your brother and his property rights under section 14 of the National Trust Act,
Option 2 is better given the fact, it takes care of the property rights of your brother , even after the life time of the trustees.
Hope this helps.
1. if the FLAT A is self-earned by your father, he can transfer the same by way of a transfer deed or a gift deed in the name of your brother,
2. in the case of FLAT B, your father can transfer his share immediately by way of a transfer deed or a gift deed in the name of your brother, but you have to wait till the EMI is over to transfer your share, however, upon completion of the EMIs you can opt for the same procedure as advised to your father i.e. Transfer/Gift
Dear Sir,
There are a few methods which you may adopt. This totally depend on your wish as to when you wish to transfer the flats on brother's name. If you wish to transfer the flats immediately on brother's name then the process of gift deed will be the best where in you will be required to pay the tax as per law. However, if you wish to transfer the said flats later on brother's name, you may take the path of will wherein the father may write the will on the name of brother so that his flat A will go to brother fully and his share in Flat B will go brother. At the time of probate of the will, you may also relinquish your share to brother and then both the flats will be on brother's name.
1. Gift deed can be executed by you and your father for both flats in your brother's favour. It has to be compulsorily registered.
2. For flat A your father has to execute a separate gift deed, whereas for Flat B another gift deed can be jointly executed by you and your father.
1. By executing a registered Gift Deed by your father in favour of your brother, the Flat "A" and your brother accepting the same. By this way your brother would become Absolute Owner of Flat "A".
2. Similarly, after completing the loan availed by you for Flat"B" jointly owned by you and your father, let your father and you jointly execute a registered Gift Deed in favour of your brother and let your brother accept the Gift. By this way you and your father can jointly transfer the property in your brother's favour to enable him to become Absolute Owner of the property.
1. The most effective transfer of an immovable property by way a registered deed of gift.
2. The gift deed in WB entails 2.6% towards stamp duty and registration fees on total market value of the transferred property.
3. Sk do accordingly. Feel free to connect.
1. The most financially effective solution would be to execute a registered "Gift Deed", by individual persons for their respective properties in favor of the brother.
2. However, as a caution, it is advisable to rethink of such a decision (which is apprehensively based on emotional grounds) and transfer all the property in First brother (yourself) with specific clauses of "life long usage & maintenance" rights of sick brother.
Dear Sir,
My answers are as follows;
My below answers will be subject to local laws and local stamp duty.
Ans: Your father being absolute owner can transfer it by way of Gift Deed or Relinquishment, which is economical in terms of payment of Stamp Duty. Will is not advisable.
Ans: You need not do anything since you are already absolute owner of 50% of this property. For remaining 50% (though your father is not owner) your father deemed to be owner as such your father can transfer it by way of Gift Deed or Relinquishment to the extent of his 50% share in your favor, which is economical in terms of payment of Stamp Duty. Will is not advisable.
- Since, the Flat A is in the name of your father , then he is having his right to transfer the said flat to any one legally.
- He should execute a Gift Deed in favour of your brother for transferring the same.
- Further, the Flat B is in the joint name of your father & you , hence you both should also execute Gift deed in favour of your brother .
- As per Section 17 of the Registration Act, 1908,Registering a gift deed with the sub-registrar is mandatory failing which the transfer will be invalid , and such a transfer is irrevocable.
- As per law, once the property is gifted, it belongs to the beneficiary and you cannot reverse the transfer or even ask for monetary compensation.
- Further a Gift deed must be attested by two witnesses.
- Further , the biggest benefit is that there is no tax implication if you are gifting property to your relatives , like your brother.
- In Kolkata , the stamp duty at 0.5% of total valuation of property and registration charges of 1.2% of total property valuation you will have to pay only.
Good luck and dont forget to rating Positively.
You can gift the property tobhim out of natural love and affection. That would be best. A gift deed has to be drawn for that.
1. The flat A is on your father's name, hence he is the absolute owner of the property, therefore he can directly transfer the said property to your brother by executing a registered settlement deed in his favor, which would be cost effective and proper mode of transfer to his name.
2. Similarly the property jointly owned by you and your father can either be transferred by a registered settlement or registered gift deed in favor of your brother by both you and your father jointly executing the above said registered document.
1. A registered gift deed of same can ne made in name of your brother. Gift deed attract less stamp duty and registration cost.
2. Similarly for flat B also you can can gift your share through a registered gift deed. Registered with sub registrar office.
Further since your brother is suffering from epilepsy you may apply before court to be appointed as his legal guardian to sign on his behalf.
Gift deed will execute. Only way out to transfer property in the name of brother in owner life time.
Gift made to a member of the family - 0.5 % -Stamp duty of the market value of the property.Registration charge 1.2% of the market value.
1. Your father should register a gift deed in favour of your brother conveying the title of Flat A in his favour.
2. Your father and you should jointly register a gift deed in favour of your brother, after you get the No-Due Certificate for the housing loan you have availed to buy the said flat, conveying the title of Flat B in his favour.
Both of you can Gift the Flats-A & B to your brother in following manner:
1) You father can gift Flat A to your Brother
2) You and your Father has to Gift the Flat B to your Brother.
NOTE; Both the Gifts to be registered by paying appropriate stamp duty.
1. You and your father should make Gift deed to transfer ownership of flats on your brothers name.
2. He should tranfer the ownership by gift deed on name of your brother.
3. Gift deed.