• How to transfer property from my mother to myself

20 years back I bought land in my mother’s name , and built a house . My father is no more . Mother lives with me . I have two sisters and no brother . They all know it is my house but how could I legally transfer it from my mothers name to mine . They would be ready to sign .
Asked 5 years ago in Property Law
Religion: Hindu

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20 Answers

If mother is alive than transfer by the way of Gift Deed and registered it with sub registrar.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Is property falls in self acquired property category if your mother is willing to transfer this property to you can do it in various ways

1. She can write a will in this regard and transfer the property.

2. She can donate this property to you and you can get this property transferred in your name.

3. She may sell this property for only one rupee without consideration and you have to pay stamp duty for transfer of property.

You need not to get any relinquishment deed from any of your siblings as your mother is clear title holder of this property and legal heirs of your mother will have no right on this property because of the nature of the property.

Please remember to read this answer if you like it

 

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

Hello,

  1. Your mother can transfer the property through a Gift Deed to you. It has to be registered with the Registrar of Assurances.
  2. As the property is a self-acquired one, you would not even require any No Objection from the siters in the form of affidavits.

S J Mathew
Advocate, Mumbai
3619 Answers
175 Consultations

- Since, the said property bought by you , but is in the name of mother , then presently legally she is owner of that property. 

- Further as this property is self acquired property , hence your mother is having her right to transfer the said property in your name , and none having right to claim during her life time. 

- She can transfer the said property in your name after executing a Gift deed .

- As per section 17 of Registration Act , this gift deed must be registered from the office of the Registrar.

 

Good luck and dont forget to rating. 

Mohammed Shahzad
Advocate, Delhi
15881 Answers
244 Consultations

1. Let Mother execute a Registered Gift Deed in your favor for the entire property. The Gift Deed may be signed by Sister/s as "Consenting & Confirming Parties", which will make the Gift Deed as legally Final & Irrefutable and cannot be challenged in future.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

Mother can execute gift deed in your favour 

 

it should be duly stamped and registered 

 

your sisters can be witness to the gift deed 

Ajay Sethi
Advocate, Mumbai
100092 Answers
8174 Consultations

Have to file declaration suit in court which will be time consuming and costly. Ask mother to execute gift deed or WILL (Will is effective after death).

Yogendra Singh Rajawat
Advocate, Jaipur
23086 Answers
31 Consultations

You can get it transfered through gift deed or will as per your desire

Prashant Nayak
Advocate, Mumbai
34752 Answers
252 Consultations

Get a Gift Deed executed and registered in your favour from your mother.  Since there is no sale consideration, you have to bear the expenses of stamp duty and registration charges.  There is no need to get NOC from your sisters.

Dalip Singh
Advocate, New Delhi
1096 Answers
36 Consultations

Let this be passed under relinquishment deed.

contact a local lawyer working in the Registry Office and he will walk you through the process 

Vibhanshu Srivastava
Advocate, Lucknow
9770 Answers
323 Consultations

Please approach the Court of law for partition suit or get partition deed registered with sub- registrar office of tehsil,area and distric which is having jurisdiction over the property for compliance of registration process. 

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

You may get a registered settlement deed executed by your mother transferring the property to your name without any condition. 

Your sisters can sign as witnesses to the registered deed. 

This would solve the issue amicably and peacefully. 

 

T Kalaiselvan
Advocate, Vellore
90295 Answers
2513 Consultations

1. Let your mother execute a registered Gift Deed in your favour, in the jurisdictional Sub Registrar's office, with your 2 sisters signing as witnesses.

2. In this the transfer of property from your mother to you can take place legally with the knowledge of your 2 sisters.

Shashidhar S. Sastry
Advocate, Bangalore
5642 Answers
339 Consultations

If they would be ready to sign than simply get a gift deed done

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

The mother can gift you the property vide the registered gift deed. The gift deed can be registered before the sub-registrar office and the applicable stamp duty on same can be paid. 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Hi 

Since the property is in the name of the mother, it is her absolute property .

So, you can 

a) Ask your mother to execute a gift deed in your favour wherein your sisters can sign the gift deed as Consenting witness. 

or

b) All four of you (mother, you, your sisters) can execute a settlement deed wherein your mother can transfer the property to you 

Since , UP Government has now revised stamp duty and registration charges and linked the same to property value, you should check with the sub-registrar about the market value of the property and calculate the stamp duty and registration charges for both the above options.

Hope this information is useful.

Rajgopalan Sripathi
Advocate, Hyderabad
2174 Answers
394 Consultations

A WILL can help you. If you want to property be transferred during your mother's lifetime, you must take it by Title transfer by Sale. Stamp duty will be paid if sale is executed.

Raj Kumar Mishra
Advocate, Allahabad
180 Answers
2 Consultations

Execute registered gift deed. 

Sister consent not required. 

Mohammed Mujeeb
Advocate, Hyderabad
19388 Answers
32 Consultations

You can ask yor mother to make and register a gift deed in your name. Or she may transfer it in your name simply.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Your mother can execute a Gift deed in your favour and you can make your sisters as witness in the gift deed. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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