• Transfer of property to me, my sister and my Uncle

My father and his brother have land of total 2 no. of same area with different City Survey A and B. My father died now. so, My self and my sister name is added to these 2 no. of property. so there are two survey No. A and B  of same area with name of My self, My sister and My father's Brother. So I want to divide land between Myself inclusive of My sister as One survey No. and Another land goes to My Father's Brother of another survey No.

My Uncle ( My father's Brother) want survey No . A and My self and My sister want survey No. B. all are agree for that distribution.

We are Muslim so is there any law for us to transfer of property in Gujarat.

So, What is legal procedure for These.

what are Stamp duty Charges . which deed is better for future. Property Located In Gujarat.
Asked 10 months ago in Property Law from Gujarat, Gujarat
Religion: Muslim
prepare family settlement agreement and get its registration. this the simplest way of distribution of property among family members. 
Shivendra Pratap Singh
Advocate, Lucknow
2752 Answers
41 Consultations
4.9 on 5.0
1) from Facts stated by you it appears that your father and uncle were joint owners of property mentioned on survey no A and B 

2) on your father demise your name and sisters name have been added in said properties 

3) you can execute gift deed or relinquishment deed in respect of your share in survey no A 

4) your uncle can do the same in respect of property mentioned in survey no B 

5) in the alternative deed of family settlement can be made 

6) stamp duty is state subject varied from state to state 
Ajay Sethi
Advocate, Mumbai
23240 Answers
1219 Consultations
5.0 on 5.0
Hi, you can entered into a deed of partition so that you can divide the properties as per your understandings.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
The transfer of property is uniform across the breadth and length of the country.  Though the female is entitled only to the half extent of the male member as per Muslim personal law, if there is an understanding and agreement for equal share, then the law may not interfere in such issues.  You may execute a registered partition deed registering each individual share of property duly mentioned as schedule of properties in the partition deed. The stamp duty can be enquired in the local registrar's office.
T Kalaiselvan
Advocate, Vellore
14026 Answers
127 Consultations
5.0 on 5.0
The procedure is to execute a deed of partition with your uncle to get the desired survey no. After the execution of partition deed, which would require mandatory registration, the mutation can be applied separately for each survey no. The stamp duty can be answered only by a Gujarat based lawyer.
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0
1) if you want to avoid legal complications better pay stamp duty on execution of deed of family settlement 

2) you have an option to get the document adjudicated by collector to determine stamp duty payable on the document 

3) since stamp duty is a state subject and varies from state to state consult a local lawyer in this regard 
Ajay Sethi
Advocate, Mumbai
23240 Answers
1219 Consultations
5.0 on 5.0
1. Whatever may be the Muslim law with respect to succession to a property it does not prevent you from partitioning the property in the manner you desire. The partition deed would require a mandatory registration and also stamp duty.

2. A family settlement through memorandum can also be executed which does not require registration and stamp duty. The property can be mutated in terms of family settlement executed.

3. The doors of civil court cannot be knocked unless there is a dispute. Courts provide written arrangements through their decree and not oral arrangements. 
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0
Hi, Oral agreement will not help you to avoid the stamp duty it is better you go for family settlement or partition deed.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
1) My uncle told me that there is Muslim law for property distribution. Is there? he wants to save Stamp duty. He told me that We require only 500 or 1000 Rs. stamp paper for property distribution.
Your uncle is right stating that the the property distribution as per Muslim Law is different to other laws and the same has been mentioned in my earlier reply.  The information about the stamp duty is to be enquired in the local registrar's office, the information furnished by you here is very vague.



2) My uncle told me that why we have to pay stamp duty because its our property from 65 years. So is there any law to avoid Stamp duty for that.
Why do you want to avoid paying stamp duty, why dont you pay the proper stamp duty and enjoy your property rightfully, peacefully without any interference by anyone due to this in the later stage.



3) In my area Sub register told me that both of You have to pay Full Stamp Duty Of @ 5%. But I search on internet that If we made Family Settlement deed Stamp duty will be divided into Number of family Member.
You can verify the actual stamp duty applicable to the value of property to be acquired by you through partition from the registrar's office and not from the brokers sitting outside the office. 



4) Is there any oral arrangement for us to go for court and mutual settlement deed between survey No. A and B. after that court will order for that distribution of property among family member. 
    So, will Oral arrangement from court is acceptable for registration of property in city Survey?
You can approach court for partition with a partition suit only if the amicable partition among yourselves is not possible. Further a partition decreed by court shall have its effect only after proper registration of the same along the lines of the judgement, so even in that event you cannot avoid stamp duty




5) I want to register property in City Survey Record after all process will be done. So, which Option is good for future. in future I don't want any conflict for that.
First of all draft a partition deed among yourselves by demarcating each individual's share of property as schedule of property in the partition deed, get the deed registered and after that apply for mutation of revenue records and transfer of all other records properly and legally so that you may not face any problem in future. 
T Kalaiselvan
Advocate, Vellore
14026 Answers
127 Consultations
5.0 on 5.0

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