• Transfer of ownership of house

Hello Everyone,

I own one flat jointely with my sister and her husband.
Last year my sister expired. And this flat is now in the name of mine n my brother in law.
I have cleared entire home loan now. Further i want to transfer the flat in my own name for that my brother in law has no objection.My sister did not make any will. I have following questions:
1.How to transfer the property in my name
2.What is the procedure for the same
3.Do i need to pay registration fees again.

Thanks and regards,
Asked 12 months ago in Property Law from Ambernath, Maharashtra
Religion: Hindu
1.How to transfer the property in my name
Your brother in law can execute a registered gift deed in your favor with regard to the share of property that belonged to him as well as to that of his deceased wife as her legal heir.  Whether there are any children to your sister, if there are any, the children have to give their consent for this transfer provided they are major by age.



2.What is the procedure for the same
Execution of registered gift deed and getting it registered before the jurisdictional registrar' office.



3.Do i need to pay registration fees again.
Yes, the registration fee need to be paid. 
T Kalaiselvan
Advocate, Vellore
14026 Answers
127 Consultations
5.0 on 5.0
Hi, your brother-in-law has to execute release deed in your favour for releasing his right over the property so you will become the absolute owner of the property,

2. You need to pay the nominal registration fee for release deed.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
1. Your brother-in-law can execute a gift deed in your favour. Alternatively, a partition deed can also be executed between you and him to transfer his share to you.

2. The stamp duty will have to be paid in both cases.
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0
Your brother in law can execute a deed of release or deed of gift transferring his 2/3 share in your favour so you can become its absolute owner.
Yes you have to pay both stamp duty and registration fee for this.
Devajyoti Barman
Advocate, Kolkata
5207 Answers
54 Consultations
4.9 on 5.0
1)you have not mentioned whether your sister has any children or not 

2) if there are no children her husband would be her legal heir 

3) sister name should be deleted from share certificate . Make application to society in this regard 

4)your brother in law can execute gift deed in your favour for his share in the flat 

5) gift deed had to be stamped and regd 
Ajay Sethi
Advocate, Mumbai
23240 Answers
1219 Consultations
5.0 on 5.0
Registration fees would be around Rs 30000 
Ajay Sethi
Advocate, Mumbai
23240 Answers
1219 Consultations
5.0 on 5.0
In Maharashtra stamp duty need not be paid for transferring the properties within the blood relationships however registration fee of Rs. 500/- is to be paid. This has nothing to do with the value of the property. It is uniform. However you may clarify and confirm once again from the local registrar's office. 
T Kalaiselvan
Advocate, Vellore
14026 Answers
127 Consultations
5.0 on 5.0
Only a local lawyer can answer this.
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0

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