• Transfer property to children

My parents have passed away one year ago.The property (flat) is in my mathers' name. I want it tarsfered in my name but I live in UK, Will there be any issues if I need to sale in futur. Will there be any trasfer duty to pay, Is there any other charger I wil have to pay?
Asked 4 years ago in Property Law
Religion: Other

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

26 Answers

1) for transfer of flat in your name on mother demise apply to society for transmission of shares 

 

2) enclose mother death certificate 

 

3) NOC of other legal heirs 

 

4) you don’t have to pay any transfer charges 

Ajay Sethi
Advocate, Mumbai
99779 Answers
8145 Consultations

The property lying on your deceased mother's name shall devolve equally on all her legal heirs upon her intestate death.

You being one of the legal heirs of your deceased mother shall be entitled to an equal share at par with other legal heirs.

You first inherit your legitimate share in the property by entering into an amicable family partition or settlement with the other legal heirs of the family after which you can sell your share in the property in favor of the prospective buyer. 

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

1. if your parents (mother) died intesttae then the property shall be distributed among all legal heirs,

2. as per the input provided by you, the property will be distributed in three shares,(you and two siblings)

Suneel Moudgil
Advocate, Panipat
2386 Answers
6 Consultations

The property shall devolve equally on all the legal heirs/successors in interest  of your deceased mother.

Therefore you all first get the property transferred to your names in the revenue records and after that you all can decide about selling the property jointly or to divide them as per a mutually agreed condition among yourselves. 

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

3. charges depends & varies location to locations

4. the property can be transferred in your sibling name if you have no objection 

Suneel Moudgil
Advocate, Panipat
2386 Answers
6 Consultations

1. Assuming that your mother died intestate (without executing a WILL), then the property would devolve equally to you and to your two siblings, I e., 1/3rd share each.

2. It can be transferred in all the three names mutated in the revenue records of the jurisdictional Corporation/Municipal Office.

3.  However, if you want to become sole owner of the property, you can buy their share by paying money or if they are willing to relinquish their share in your favour free of cost, either way, your other siblings have to execute a registered Release/Relinquishment Deed in the jurisdictional Sub Registrar's Office in your favour.

Shashidhar S. Sastry
Advocate, Bangalore
5624 Answers
339 Consultations

You can execute relinquishment deed or gift deed for your share in property 

 

it can be transferred in your siblings name 

Ajay Sethi
Advocate, Mumbai
99779 Answers
8145 Consultations

Aadhaar is one of the documents, which executants of conveyance deeds are required to submit as proof of identity for registration of properties. However, the same, as on date is only an optional requirement,"

Ajay Sethi
Advocate, Mumbai
99779 Answers
8145 Consultations

Since you are a  UK citizen, you will not be insisted to produce Aadhar Card. You can provide any other photo ID containing your address, like Passport Copy.

Shashidhar S. Sastry
Advocate, Bangalore
5624 Answers
339 Consultations

You need to produce your photo identity card,  it may be AADHAR card or PAN card or passport copy. 

 

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

Dear Client,

For starters, any transfer of property to non-resident Indians (NRIs) and persons of Indian origin (PIOs) must comply with the Foreign Exchange Management Act (FEMA). The person bequeathing the property should have also acquired it in compliance with FEMA regulations or any other foreign exchange law in force at the time of acquisition of the property. If the inheritance is in favour of a foreign national, permission is required from the RBI for the transfer.

Thank You

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

get the property transferred in three of your names. 

Khyati Malik
Advocate, Bhopal
91 Answers
2 Consultations

Yes you can transfer it in their name or your name as per your wish. For normal transfer you can do settlement deed in family

Prashant Nayak
Advocate, Mumbai
34515 Answers
249 Consultations

You and your other 2 siblings, all three of you as on date are the legal heirs to your mother, and thus the successors to this property. All three of you must get this property transferred in your names, after striking out the name of the deceased mother in the revenue/municipal records. This process is called mutation.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

You have to get Legal heirship/Succession certificate before initiating the transfer from the state authorities/court. If there is more than one heir, you have to get relinquishment deeds registered by all heirs in your favor so that you can transfer the property in your name or anyone else's name. Applicable stamp duty & registration has to be paid for transfer as per the state registration rules.  For the sale of the property at a later stage also you have to comply with the state rules for registration and mutation.

Muraleedharan R
Advocate, Trivandrum
386 Answers
2 Consultations

- As per law , after the demise of your parents intestate , property would be devolved upon all legal heirs equally.

- If you are only the legal heirs then you are the absolute owner of this property ,and you can sell it in future without any issue even you are residing in UK.

- However, you should apply for getting mutation of this property in your name after submitting the death certificate and other details. 

- Further, if you have two more siblings in India, then you have also equal right over the property , and without their consent you cannot sell the property . 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

There will be absolutely no issues if you want to sell the flat to prospective purchaser, however your siblings will also have the equal rights over the flat.

 

on the mutual consent you can transfer the khata in the name of your siblings, but if you want to transfer all your rights over the flat you may have to release all your rights through Release deed or settlement sees in favour of your siblings.

 

Aadhar card not required but you may have to pay Tax as per Law for being NRI. 

Rajashekar
Advocate, Bangalore
591 Answers
4 Consultations

Stamp duty / registration charges are payable on transfer of property from grand father to grand children or in your name 

Ajay Sethi
Advocate, Mumbai
99779 Answers
8145 Consultations

Whether the property is directly transferred to your children or through you to your children, since the immovable property has to be transacted through a registered document, the necessary stamp duty has to be paid besides the registration charges for this legally valid mode of transfer of immovable property.

If your father is desirous of transferring his property by a gift settlement deed in favor of his grandchildren, then he has to execute the same by a registered document by paying the necessary stamp duty and the registration charges. for the purpose.

 

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

No it can't be transferred without govt duties like stamp & registration. You need to do a will to avoid govt duties

Prashant Nayak
Advocate, Mumbai
34515 Answers
249 Consultations

Dear Client,

2.5 per cent of the property value has to be paid as stamp duty in case the property is being transferred in the name of father, mother, son, sister, daughter-in-law, grandson or daughter as a gift.

Thankyou

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

It would attract stamp duty and registration charges 

Ajay Sethi
Advocate, Mumbai
99779 Answers
8145 Consultations

Your nephew is not your blood relative,hence the applicable stamp duty for executing the proposed gift deed would have to be paid. 

 

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

- Only a blood related like son , daughter is exempted from paying the stamp duty for registering a deed. 

- Hence, if your will transfer in the name of nephew then it is required to pay stamp duty . 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

Yes it will definitely incur it

Prashant Nayak
Advocate, Mumbai
34515 Answers
249 Consultations

Dear Client,

Yes, It will incure.

Thankyou

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

Ask a Lawyer

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