Mother should execute gift deed in your favour
it should be duly stamped and registered
Transfer of property from mother to daughter
Hi, My mom owns a flat in Mumbai and is the sole owner. Only her name is on the share certificate. She wants to transfer the home to me. What kind of a deed is needed to transfer it and what are the costs? This may not be relevant as the flat is owned 100% by her now, but I wanted to list this. The flat is part of a redevelopment project built in 2014. The old flat was part of housing board and rented by my father since 1960s. He got ownership in 1981 and passed away in 2003 without a will. My brother and I gave NOCs to my mom in 2003 and the flat was transferred to her. Subsequently redevelopment happened in 2014 and mom has a new share certificate for the flat with just her name on it. Thanks.
Asked 1 year ago in Property Law
Religion: Hindu
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9 Answers
Your mother need's to execute Gift Deed in your favour.
Please note Gift Deed should be registered with Sub Registrar of Assurance office and appropriate stamp duty needs to be paid
Once the Gift Deed is registered, make an application to society for transfer of Flat in your favour.
- Submit an application seeking transfer with affidavit of transferee.
- Make payment of transfer charges.
- You will be given NOC for transfer.
- Submit the NOC to Sub-Registrar seeking registration of transfer deed.
- Submitting copy of transfer deed you can get shares transferred in your name.
She can execute a gift deed in your favour as well as execute a will in the same
Even though the share certificate of the property is on your mother's name, legally she cannot be termed as the rightful owner of the entire property.
She is entitled to a share in the property equal or at par with all other legal heirs of your deceased father.
Therefore in order to acquire the property exclusively on your name alone, all other legal heirs have to execute a registered release deed relinquishing their rights in this property.
Dear Client,
Your mother is the sole owner of the property she can transfer it to you through a registered gift deed.
1. She shall have to register a gift deed conveying the title of her said flat in your name.
2. After the said Gift Deed is registered in your favour, she can send a copy of it to the Society with her original share certificate requesting them to transfer the share certificate of the society in your favour.
3. Thereafter with little persuasion with the Society officials, you will be either issued a fresh share certificate or the old certificate will be amended by writing your name deleting your mother's name by pen.
Your mom can make a gift deed
It attracts a stamp duty of Rs 200 plus 1% cess on market value of the flat
Plus registration fee, scanning fee and registration agent charges as per actuals
Agents charge anywhere between 10 to 15k
From the description given about title history it seems that your father was originally the tenant. Then he got ownership in 1981. In 2003 he died leaving your mother, you and your brother as his only surviving legal heirs
Thus the 3 heirs had equal 1/3rd share
The children could not have released their share to the mother by way of a noc
Ideally it should be by a registered release deed
So the title to that extent is defective
Also an heirship certificate from court is needed to complete the flow of title
- As per law , your mother is having her right to transfer the said property to you , without taking consent from any other legal heirs.
- She can execute a registered gift deed in your favor , and the fee for the same is depends upon the advocate /person to whom you engaged for the said work.
- Further , after submitting the said gift deed , share certificate can be transfer in your name.
