If mother is alive than transfer by the way of Gift Deed and registered it with sub registrar.
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 .
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.
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Hello,
- 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.
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.
Mother can execute gift deed in your favour
it should be duly stamped and registered
your sisters can be witness to the gift deed
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).
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.
Let this be passed under relinquishment deed.
contact a local lawyer working in the Registry Office and he will walk you through the process
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.
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.
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.
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.
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.
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.
You can ask yor mother to make and register a gift deed in your name. Or she may transfer it in your name simply.