• Transfer of property from father to son

Hi,

I have purchased s property in join name of me and my father.

I want to transfer the entire property only in my name.

Please help me to understand the law
Asked in Property Law from Mumbai, Maharashtra
1. You can do so only if your father gives consent to it.
2. If he does then he will have to execute a deed of gift or deed of relinquishment/release in your name transferring his hal share in your faavour.
3. The same requires to be registered on payment of stamp duty.
4. if you want to avoid stamp duty then he can execute a Will in your favour which will come into effect only after his death.
Devajyoti Barman
Advocate, Kolkata
7253 Answers
81 Consultations

4.9 on 5.0

1) your father can execute relinquishment deed in your favour . it attracts nominal stamp duty . the relinquishment deed has to be registered . 

2) in the alternative your father can execute gift deed in your favour . have it duly stamped and regd . 

3) gift deed attracts 2%of market value of the property as stamp duty . 

3) if you dont want to spend any money on stamp duty your father can make will in your favour for his 50%share . 

4) no stamp duty is payable in respect of will . it need not be regd . 

5) get said documents drafted  by local lawyer
Ajay Sethi
Advocate, Mumbai
28375 Answers
1540 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a Lawyer

Property Lawyers

T Kalaiselvan
Advocate, Vellore
18549 Answers
175 Consultations

5.0 on 5.0

Ajay Sethi
Advocate, Mumbai
28375 Answers
1540 Consultations

5.0 on 5.0

Krishna Kishore Ganguly
Advocate, Kolkata
13901 Answers
308 Consultations

5.0 on 5.0

Ashish Davessar
Advocate, Jaipur
19897 Answers
518 Consultations

5.0 on 5.0

Devajyoti Barman
Advocate, Kolkata
7253 Answers
81 Consultations

4.9 on 5.0

Shivendra Pratap Singh
Advocate, Lucknow
3303 Answers
51 Consultations

4.9 on 5.0

Rajgopalan Sripathi
Advocate, Hyderabad
995 Answers
73 Consultations

5.0 on 5.0

Ajay N S
Advocate, Ernakulam
2068 Answers
24 Consultations

5.0 on 5.0

Shashidhar S. Sastry
Advocate, Bangalore
1339 Answers
74 Consultations

5.0 on 5.0

Kiran N. Murthy
Advocate, Bangalore
829 Answers
62 Consultations

5.0 on 5.0