• Transfer of property

My father Mr A. Owns three properties. He  died in 2010. My Mother Mrs B. & Three married  Daughters C D & E are legal heirs of A. My Mother wants to transfer property to all daughters ( C D & E) one FLAT for each daughter . There is no registered will. What is legal procedure? Which is better option 1) GIFT DEED    2) RELEASE DEED 3) SUCCESSION CERTIFICATE 
Plz help.
Asked 1 year ago in Property Law from Pune, Maharashtra
Religion: Muslim
Gift deed is best option as its stamp duty less than any other deed.
Succession certificate has no connection on this issue.
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
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1) your mother is not the absolute owner of the 3 properties 

2) she can at most relinquish or gift her share in properties in favour of her daughters 
Ajay Sethi
Advocate, Mumbai
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1230 Consultations
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If your father died with out creating any document ,then all person has right over his property. Partition deed is the best option. 
Ajay N S
Advocate, Ernakulam
1918 Answers
19 Consultations
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Under the Mohammedan law, the mother can relinquish her share in the properties by way of gift to her three daughters and can  deliver physical possession of he immovable  property to the  donees accordingly.  This gift need not be registered and it can be even oral but statement to be made in front if witnesses. 
Thus the transfer may be made by a gift deed too. 
T Kalaiselvan
Advocate, Vellore
14171 Answers
128 Consultations
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1) stamp duty charges on gift deed among close family relatives is only RS 500

2) in your case since mother is executing gift deed in favour of daughter it would attract nominal stamp duty 

3) among Muslims hibanama does not need registration 

4) but it is better to register gift deed 
Ajay Sethi
Advocate, Mumbai
23401 Answers
1230 Consultations
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Stamp duty differs from state to state. So you better take help of the registration office itself to know the rate or any local lawyer.
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
Hi
Since property was in Mr. A name mother doesn't have any title to gift the property. She is one of the legal heir. 
Mother can gift her share to three daughter by gift which will attract only 500 rupees in maharashtra. 
The three daughters have already their 25 % already and get one third of mother' 25 %as well
Release deed stamp duty in maharashtra is as of sale deed if the property is not ancestral. Your property is not ancestral so gift deed is best option with a minimum an negligible amount of stamp duty
Stamp duty on gift to parents to children and husband and wife reduced from June 2015 in Maharahstra
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
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1) In my case,  there are four legal heirs  (Mother, and Three Daughters ). For one FLAT, my Mother and my Two sisters can release their rights to Me. In Maharashtra what will be Registration  charges& How much % stamp duty need to pay? 
http://igrmaharashtra.gov.in/
The Maharashtra government has waived off stamp duty on transfer of immovable property by its owner to an heir or a family member. 
While the stamp duty payable in cases where a gift is being made to a family member was 2 per cent of the property’s market value (ready reckoner rate), transfer of a property that does not qualify as an ancestral property attracted a levy of 5 per cent. A stamp duty of Rs 200 was also payable on a release deed in respect of an ancestral property. Khadse, however, said all such transactions would have to be compulsorily registered with the government. 
The above link may be followed for more details. 


2). Recently Government of Maharashtra waived off stamp duty for Gift/Release Deed from Parents to their childrens  (Descending order only). So can my Mother Gift FLAT to Me,  so that I can get benefit of stamp duty waive off. In this case How much will be Registration charges? Our society issued share certificate in name of my Mother. So can my Mother Gift property to Me? 
Refer to above answer.


3) So please specify Registration & Stamp duty for Both Gift DEED & Release Deed in my case(Four legal heirs ) in Maharashtra.
Refer above.
T Kalaiselvan
Advocate, Vellore
14171 Answers
128 Consultations
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1. Your mother can execute a gift deed in favour of her daughters. Alternatively, a family settlement may also be executed.

2. Succession Certificate is not required in your case.

3. To the best of my knowledge, a gift in favour of a blood relative in Maharashtra does not attract stamp duty, but a local lawyer will be able to correct me if I am wrong.

Ashish Davessar
Advocate, Jaipur
18266 Answers
450 Consultations
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