• Property transfer

Dear sirs,
I need to transfer a property based in Mumbai and registered in the name of one deceased Mr SK to my father's name who is the sole legal heir. Mr SK did not have any issues and his widow is willing to provide her consent for the said transfer.
My father is the legal heir by virtue of being the only son of Mr SK's sister.
What would be the appropriate process to follow to get the transfer done (gift/release) in case of no will being present?
(For additional information, said property has a G+2 structure built on the landlord/pagdi system. We follow islam, if the religion code will come into play).
Awaiting your response,
Regards.
Asked 3 years ago in Property Law from Mumbai, Maharashtra
1. Your father is not the legal heir of SK as long as his class-I heir i.e.his widow is living,
2. In presence of widow of SK, your father inherit no share from his material uncle.
3. However widow of SK if she is willing can transfer her share in the property in favour of your father by way of deed of gift.
Devajyoti Barman
Advocate, Kolkata
6380 Answers
71 Consultations
4.9 on 5.0
For gift deed, you need to check from registrar's office as rate of stamp duty differs from State to State, it may not take more than a week from drafting to getting the same registered.
S.P. Srivastava
Advocate, New Delhi
703 Answers
13 Consultations
4.8 on 5.0
1. Gift deed is better option than a release deed since your father has no original share in it.
2. Stamp duty differs from state to state. In state of WB the stamp duty for gift deed among members is mere .5% of market value of property.
Devajyoti Barman
Advocate, Kolkata
6380 Answers
71 Consultations
4.9 on 5.0
1) The wife is entitled to one-fourth if the husband dies childless. sister will get her share in brother property as legal heir . 

2) in the present case since the premises are on pagdi basis get the rent receipt first transferred in name of the  widow .  

3) under provisions of maharashtra rent Act since widow was staying with her husband in said premises let rent receipt be transferred in her name . 

4) she can later request landlord to transfer rent receipt in favour of nephew .
Ajay Sethi
Advocate, Mumbai
25888 Answers
1410 Consultations
5.0 on 5.0
transfer  Sk widow share in her name . she can then execute gift deed in favour of your father
Ajay Sethi
Advocate, Mumbai
25888 Answers
1410 Consultations
5.0 on 5.0

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