• Transfer of ownership

There is a commercial property under a housing society which was jointly owned by mother and father. Father passed away without a will or nomination, mother is alive. If mother wants to release her 50% ownership to 3rd sibling and 2 of the siblings want to release their share also to the 3rd sibling, what will be the procedure?
Asked 2 years ago in Property Law
Religion: Hindu

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11 Answers

Gift deed should be executed by mother in favour of third sibling 

 

similarly 2 of siblings can execute gift deed in favour of third sibling 

Ajay Sethi
Advocate, Mumbai
94725 Answers
7535 Consultations

5.0 on 5.0

Stamp duty and registration charges are payable 

 

stamp duty would be around 3 per cent in favour of siblings 

 

 

Ajay Sethi
Advocate, Mumbai
94725 Answers
7535 Consultations

5.0 on 5.0

gift deed is not the correct route

the mother and the 2 siblings have to register a release deed in favour of the 3 sibling/child

stamp duty is only rs. 200

registration would be 30k i guess

plus registration agent charges and lawyer's professional fees

the title of the 3rd sibling will be complete upon obtaining an heirship certificate from the Bombay High Court

Yusuf Rampurawala
Advocate, Mumbai
7514 Answers
79 Consultations

5.0 on 5.0

 Let the mother and 2 siblings relinquish their individual share in favour of the 3rd sibling by executing a registered Release Deed in the jurisdictional Sub Registrar's Office.

Shashidhar S. Sastry
Advocate, Bangalore
5116 Answers
314 Consultations

5.0 on 5.0

There is no need to execute gift deed as that would attract more stamp duty.

Your mother and siblings can execute release or relinquishment deed in favour of the the third sibling. Registration would still be mandatory in case of release or relinquishment deed but stamp duty charges would be less.

Siddharth Jain
Advocate, New Delhi
6303 Answers
102 Consultations

5.0 on 5.0

You'll have to contact sub registrar office or some local lawyer to ascertain the exact stamp duty charges as well as registration charges.

Siddharth Jain
Advocate, New Delhi
6303 Answers
102 Consultations

5.0 on 5.0

The mother and other legal heirs have to execute a registered release deed relinquishing their rights in the share of the father's property. 

Besides,  mother has to execute another registered gift deed in favor of the 3rd child to transfer her own share in the property in favor of the chosen child. 

The chosen child would become an absolute owner of the property with clear and marketable title to the property after both the deeds have been executed. 

T Kalaiselvan
Advocate, Vellore
84925 Answers
2196 Consultations

5.0 on 5.0

As both the registered documents are executed between the blood relatives no stamp duty would be payable in Maharashtra. 

Only the registration charges are payable which is an ignorable cost. 

T Kalaiselvan
Advocate, Vellore
84925 Answers
2196 Consultations

5.0 on 5.0

Dear Client,

The shares of the ownership rights of the said property can be transferred using a 'Relinquishment Deed' or a 'Release Deed' by your mother and two other siblings to the 3rd sibling.

According to Article 52 of Schedule I of the Bombay Stamp Act, 1958, the stamp duty would be Rs.200/-, or as per conveyance under Article 25. The registration charge would be 1% of Market Value or Rs.30,000/-, whichever is less.

Thank you.

Anik Miu
Advocate, Bangalore
8883 Answers
110 Consultations

4.7 on 5.0

- As per law , after the death of father without a WILL , his property would be devolved upon all his legal heirs equally .

- Since that property is jointly owned by your father and mother then she can sell or transfer her share including the share which she got from her husband to anyone and to 3rd siblings 

-  She can execute a gift deed in favor of him 

-Further, any of the legal heir can release their respective share in favor 3rd sibling after executing a relinquishment deed . 

- The gift deed executed in favor of relative is minimum . 

Mohammed Shahzad
Advocate, Delhi
13230 Answers
198 Consultations

5.0 on 5.0

Draft Relinquishment deed in the same and proceed

Prashant Nayak
Advocate, Mumbai
31951 Answers
179 Consultations

4.1 on 5.0

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