• How to transfer house on son's name without stamp duty

sirji,
my father ,age 97,wants to transfer his house on my name.we are 3 brothers[-2 alive],4 sisters.now is there any way to transfer without sale deed.father has given me the said property by will.but he wishes to get transfered in his presence. i have heard that we can do this  on 100/rs.stamp .so pl.gude me ,how to do this.
Asked 2 years ago in Property Law from Ahmedabad, Gujarat
your father can execute gift deed in your favour . it has to be stamped and duly registered . 

please note that stamp duty would not be Rs 100 . it would be 2%of market value of property atleast in mahrashtra
Ajay Sethi
Advocate, Mumbai
24702 Answers
1323 Consultations
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The Will takes effect only on death of your father and that too if your brothers and sistsrs do not oppose this.
So better option is to execute a gift deed which is not possible on a Rs.100/- stamp paper but on payment of stamp duty calculated on the market vaue of the property which WB IS 0.5%.
Consult a local lawyer.
Devajyoti Barman
Advocate, Kolkata
5839 Answers
63 Consultations
4.9 on 5.0
Let your father gift the property to you through gift deed.  The stamp duty varies from State to State.  Pls check the stamp duty prevailing in your state.
Shashidhar S. Sastry
Advocate, Bangalore
1255 Answers
61 Consultations
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Hi, if it is a self acquired property then your father can gift to you the property and property will transferred immediately.
Pradeep Bharathipura
Advocate, Bangalore
4154 Answers
140 Consultations
4.3 on 5.0
1. You can not transfer the title of the property of your father to you during his life time without paying stamp duty,

2. He can execute a Will in your favour without any stamp duty but in that case you will get the property after his demise only, that too if probate of the Will is taken by you.
Krishna Kishore Ganguly
Advocate, Kolkata
12706 Answers
261 Consultations
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No property can be transferred on Rs.100 stamp paper.He has executed Will in your favour but it will only come into effect after his demise.So, pay proper stamp duty and get a Gift Deed executed and registered.
S.P. Srivastava
Advocate, New Delhi
703 Answers
13 Consultations
4.8 on 5.0

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