Your mother and sisters can execute gift deed in your favour for their one third share each
it should be duly stamped and registered
you can apply for mutation of house in your favour
enclose father death certificate
Please help n guide. My father passed away in 2006 and my mother insisting that I transfer the property in my name since she is now v unwell. I am a foreign citizen and I have two sisters living in India with their sons. Please advise as to the best option on how I should proceed with the title transfer of the property and estimated costs and time it will take to transfer and register. Thanks
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Your mother and sisters can execute gift deed in your favour for their one third share each
it should be duly stamped and registered
you can apply for mutation of house in your favour
enclose father death certificate
1. A Foreign Country Passport holder is not classified as a Indian Citizen and hence cannot hold property in his name, to the exception of taking proper permission from RBI.
2. In other circumstances, Mother & Both Sisters and yourself could have executed a registered "Release Deed" with mutual consent by joint signatures, wherein Father's property would be solely transferred in your name.
3. Drafting of Release Deed and Registering the same would take about 2-4 working days. Lawyers fees in MP would be around 10,000/- plus relevant Stamp Duty and Registration Fees.
4. You are advised to conduct above point no. 2, in favor of Sister/s and take relevant settlement amount from sisters.
Thank you Mr Sethi, Mr Neogi Fyi the property was 75% funded by me back in the 90's. Father also said then that he assigned me the title but we don't seem to find the original papers. Can I get the title copy from the local office? My sisters agree that they will sign all required papers in my favor but I am leery abt the unforeseen legal hassles. What would be the estimated title transfer charges? If its too large, I may not front-end the the effort. Thanks again.
You can give POA to proceed legal work in government office of SRO. You will need to provide all details about your property.
In this case if you're not coming to India then ask them all to give WILL Or POA rights on your name.
Or just apply for nomination process.
If you're going to come India than perform relinquish deed or Gift deed.
You can apply for certified copy of sale deed from sub registrar office
2) stamp Duty is state subject and varies from state to state
3) it is around 2 per cent of market value of property for gift deed
4) legal fees vary depending upon the lawyer engaged by you
1. On the demise of the father without will the property in his name shall be equally divided between your mother, you and your sisters. To transfer the same in your name you need gift or relinquishment deed of the share of sister in favour of you. The deed has to be registered and stamp duty on the same is to be paid.
2. Mother for her share and properties can make a registered will in your favour.
1. You may get a certified copy of the deed from the sub-registrar office if the purchase document was registered.
2. The charges shall be in accordance with the valuation of the property, the stamp duty and registration fee are payable.
1. if your sister & other family members agree, you can get the property transferred in your name without much legal hassles, however, a proper & required legal procedure is required,
2. the share of the property of your mother & sister can be transferred in your name through a gift deed or family transfer,
3. the stamp duty is around 9 percent in MP
4. for a gift deed of immovable property, the stamp duty is around 3%
All have 1/4th share each. To transfer property in your sole ownership, all have to execute release deed in your favor. If sisters do not cooperate, at least your mother can execute Will in your favor to transfer her share to you.
If you have payment proof than 75% ownerhsip is already yours. Only need to reclaim 25% ownership.
In whose name property was purchased, if sale deed is in your name than u r sole owner.
If original not traceable than obtain certified copy from aub registrar office.
The property that belonged to your deceased father shall devolve equally on all his legal heirs upon his intestate death.
Your mother has rights only to one fourth extent in that property.
Similarly your sisters also are entitled to their rightful share in the property.
Hence all the three of them have to execute a registered release deed relinquishing their rights in the property after which you shall become an absolute owner with clear and marketable title to the property.
There is no question of title transfer or exorbitant charges involved in it.
If your sisters are willing to cooperate to relinquish their rights in the property, then along with your mother, let all the three execute a registered release deed which is a very easy process and economical as well.
Dear Sir/Madam,
It is suggested that you may get the certified copy of the documents from the local registrar's office. If you wish, you may get the gift deed from the mother and the stamp duty charges will be the 03% of the cost of the properties.
1. Ask your mother to obtain legal heir certificate of your father and then execute a joint relinquishment deed in your favour in which your mother and sisters give up their share from property of your father in your favour.
2. The relinquishment deed must be registered with sub registrar by paying required stamp duty.
3. After making these documents you can come to India and apply for mutation of property on your name.
The property must be in your father's name. Your sisters too have a share andyour mother. You may give a PoA to a trusted friend or relative who may do the necessary paperwork in India.