• Transfer of property to son from father but fear of sisters claiming share

I am from Uttar Pradesh.
Number of siblings 
3 sisters 
1 brother 
My father is the sole owner of house. he bought the house from his own money in 1992.
My dad wants to transfer house to me. 

What would be the best way to transfer house from father to son? 
I believe (Will) is not the good way to transfer property bcoz it can be challenged by my Siblings in future.
wlhat would be the Stamp duty chargeable on house property transferred as gift deed ( father to Son) in Uttar Pradesh. 
How is it calculated? 


Is gift deed better way to transfer property between father and son.
Asked 5 years ago in Property Law
Religion: Hindu

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23 Answers

Gift deed in Uttar Pradesh is as costly as Registered deed. In Maharashtra, only 500 rupees is being charged for gift deed. But in UP, you're to pay the Stamp duty in accordance with the cost of House.

 

If you can pay as required... it's the best way to transfer the property. But if you don't want to pay much, you can administer a registered WILL.

 

(Rate my answer)

Raj Kumar Mishra
Advocate, Allahabad
180 Answers
2 Consultations

1. Gift deed is the best way to transfer the property inter gives.

2. However since such transfer takes with immediate effect its advisable to take such effect in future. 

3. Therefore making a private trust or settlement deed on regulation is good option. 

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

1. Since the property is self acquired property of your father, he can legally gift the property by executing a registered Gift Deed in your favour.

2. Executing a registered Gift Deed in your favour by your father is the best method of transferring the property from father to son and upon your accepting the gift, you will become sole owner of the property.

Shashidhar S. Sastry
Advocate, Bangalore
5623 Answers
339 Consultations

Your father can transfer  the property to you by executing a registered settlement deed in your favor.

This transfer by a registered deed by him during his lifetime in respect of  his self  acquired property  cannot be challenged by anyone either during his lifetime or even after that.

The stamp duty and the registration charges  applicable for this type of transfer of immovable property can be enquired from the local registrar's office.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Registered Gift deed will be the best way. If it's self acquired property the owner can transfer to anybody without any ones consent

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

A 7% dutu is charged by the government. Make a gift deed and register it with the registrar office.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Sisters have a share in the property unless the father decides otherwise.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

1. since the property is self earned by your father, resultantly, he can transfer the same to you,

2. Gift deed attracts 2%stamp duty on market value of property in Uttar Pradesh, however, confirm with the local lawyer,

 

 

 

Suneel Moudgil
Advocate, Panipat
2386 Answers
6 Consultations

Best option is for father to execute gift deed in your favour 

 

2) will takes effect only on death of testator and can be challenged by your sisters on father demise 

 

3) The Fee for registration of a Gift Deed in Uttar Pradesh is 2% of such consideration or value, whichever is higher, calculated for the purpose of stamp duty chargeable on the document. ... Stamp duty and transfer duty shall be 6% of the value of the property if the donee is a woman and 7% if the donee is a man.

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Gift deed is best option 


Only if father dies intestate ie without will then sisters have share in deceased father self acquired property 

better for father to execute gift deed in his lifetime 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

It varies from state to state.

Regards

Swarupananda Neogi
Advocate, Kolkata
2993 Answers
6 Consultations

Father is the competent person to decide about the disposal or transfer of his property by any mode to anyone of his choice.

The transfer made by a registered document by the father during his lifetime cannot be disputed or challenged by any person including his own children due to any grievance either during his lifetime or after that.

Therefore he can transfer the property to his son or daughter or any other person of his choice which neither can be objected nor can be disputed by the disappointed son or daughter.

The stamp duty for transfer by gift settlement deed can be enquired fro local SRO 

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Daughters have full right on property of father if the father does not administer a WILL or transfer the property by registered sale deed during his lifetime.

 

But the Father can WILL or sale his property (if it is self acquired) to whom he likes to do so. There is no hindrance.

 

The stamp will be charged for 7% of total cost as per registry if buyer/beneficiary is a female.

Raj Kumar Mishra
Advocate, Allahabad
180 Answers
2 Consultations

1. He is free to transfer his self acquired property to you to the exclusion of his daughters. There are no fetters on his right to transfer his property during his lifetime. None of his heirs has any right, title or interest in his property during his lifetime.

2. Will comes into operation only after the lifetime of testator. He can execute gift deed which will result in an instantaneous transfer of title from donor to donee.

3. So far as stamp duty part of your query is concerned this can be effectively answered by only a local/state based lawyer as every state in India has its own and distinct stamp duty act.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

1. IF property is "self acquired" by Father, THEN Father is entitled to Sell /Gift /Transfer /Donate /Mortgage /whatever.... his property to ANYBODY he wishes, without any legal reference of NOC from any of his legal heirs /children, without any exceptions, whatsoever....

2. Stamp Duty on Gift Deed would be 3% of the rateable value. However this needs to be confirmed from the local SRO office and obtain challan for the same, before registering the Gift Deed.

3. Gift Deed is the immediate & legal way of transfer of property and is 1000% safe for all futuristic legal purposes.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

1. No person shall have any right over the self acquired property owned by a person, except himself.

2. Sons & Daughters will not have any right over the self acquired property of their father during his lifetime.

3. Father can execute a registered Gift Deed for his self acquired property to anyone, including his son/s or daughter/s.

4. Stamp duty differs from one State to the other State and am unable to give you the exact Stamp Duty for execution of Gift Deed for an immovable property in U.P.  In Karnataka, amongst blood relatives for Gift Deed, the Stamp Duty is around Rs. 5000/-.

Shashidhar S. Sastry
Advocate, Bangalore
5623 Answers
339 Consultations

Dear Sir/Madam,

The father can gift his property to anyone in the present case and the stamp duty will be 3% of the value of the property.

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

Gift deed is best way to transfer ownership in father life time. 2% stamp duty on market value.

Sisters don`t have any right in father`s life time. Father can give his property to any one.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

Registered WILL be the best way, than a gift deed on basis of that WILL

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

Yes,Definitely. 

Your father has absolutely fully control over his self acquired property and he has choice to gift or WILL to anyone in this World and it cannot be annulled or cancelled by any court of law under Hindu Succession Act 1956

Registration and stamp duty may range from 5 to 15 % of total value of property based on slab rate,area and type of property sought to be registered, transferred and allocated to you, your siblings or anyone as per HSA 1956 AND T P Act.

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

in my opinion, better execute gift deed in your favour. 

it should be duly stamped and registered. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Father has every right to give his property as he likes. 

The Fee for registration of a Gift Deed in Uttar Pradesh is around 2% . 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

1. Best way to transfer the house on your name is execution of Gift deed by your father. 

2. Stamp duty varies from state to state and it is calculated as per circle rate of property in that area. 

3. No child have rights in self acquired properties of father during his life time. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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