• Transfer of lone ownership to joint ownership of immovable property

Dear Sir,
I am staying separate with my wife since 2006 and my father is now looked by my cosine sister since then, as she too required a support since she is divorcee. Now we have 03 residential flats ( 1RK, 1BHK & 2BHK) and 01 commercial shop (225 Sq.feet) at New Panvel, Navi Mumbai in the name of my father. So, would like to know, whether I can do a joint agreement for above said properties or is there any other option to get in my name after my father.

May I know the transfer charges for the above said properties.  

Further, is there any chance, that my cosine sister can put her claim on any of the properties?

Regards,
Abhijeet Shintre
Asked 8 months ago in Property Law from Mumbai, Maharashtra
Religion: Hindu
It appears you are the only son of your father and your mother is more .
If that is so then on the death of your father you become the sole owner of those proprieties by law of succession.
However your father during his life time may transfer in favour of any one he chooses include your cousin sister.
So to safeguard your interest you can get a Will executed by him in your name.
Devajyoti Barman
Advocate, Kolkata
5174 Answers
54 Consultations
4.9 on 5.0
1) your father can execute gift deed in your favour for his 50 %share in the 3 flats 

3) gift deed should be duly stamped and registered 

3) stamp duty on gift deed is only Rs 200 if father executes in favour of son

4) registration charges would be around Rs 30,000 

5) in the  alternative father can execute will wherein he can bequeath flats in your name on his demise 

6) if father is absolute owner of property he can transfer flats as he pleases . 

7) consult a local lawyer
Ajay Sethi
Advocate, Mumbai
23145 Answers
1215 Consultations
5.0 on 5.0
1) gift deed has to be done  separately for each flat 

2) on your father demise you have to apply for probate of father will in respect of all his properties to avoid legal complications in future 

3) court fees for probate is Rs 75000 . legal fees vary 

4) on basis of probate granted by court apply for transfer of flat in your name . 
Ajay Sethi
Advocate, Mumbai
23145 Answers
1215 Consultations
5.0 on 5.0
gift is the best way to transfer those properties in your name because :
1. you will get possession over the properties immediately
2. stamp duty applicable in this transfer is only rs 200 
3. you will get mutation on the basis of the gift. 
Shivendra Pratap Singh
Advocate, Lucknow
2731 Answers
41 Consultations
4.9 on 5.0
The properties are registered in your father's favour who is alive. So if you want to inherit them absolutely after his demise then convince him to make a will in your favour. If he dies intestate it will devolve on his widow and all children equally. Your cousin sister is not a legal heir to your father, as a corollary thereto she cannot claim succession to his properties. 
Ashish Davessar
Advocate, Jaipur
18061 Answers
446 Consultations
5.0 on 5.0
Alternatively, he may execute a gift deed in your favour to convey the title of his properties to you during his lifetime. A single gift deed can cater to all the properties. A will has to be probated in Maharashtra. 
Ashish Davessar
Advocate, Jaipur
18061 Answers
446 Consultations
5.0 on 5.0
1) will takes effect on death of your father 

2) you will have to pay court fees for probate . if will is contested it would take 10 years for probate 

3) gift deed is better option 
Ajay Sethi
Advocate, Mumbai
23145 Answers
1215 Consultations
5.0 on 5.0
A will does not require mandatory registration but shall have to be probated which will involve the lawyer's fee and stamp duty, whereas a gift deed to the best of my knowledge by a blood relation is exempt from stamp duty in Maharashtra.
Ashish Davessar
Advocate, Jaipur
18061 Answers
446 Consultations
5.0 on 5.0
1. The properties are in the name of your father and he is their absolute owner,

2. Neither you nor your cousin sister can put their names in the property held by your father during his life time,

3. If your father dies intestate, you will be the rightful legal owner of your father's properties alongwith your other brothers and sisters,

4. If your father wishes, he can bequeath his entire or part of the properties to any one or any numbers of persons including or excluding you.
Krishna Kishore Ganguly
Advocate, Kolkata
12074 Answers
228 Consultations
5.0 on 5.0
1. Your father can execute and register a gift deed in your favour to convey all his properties,

2. It can be one gift deed or different gift deeds registered separately for individual properties,

3. In case of will, you shall have to take probate of the will after the death of your father which can be contested by other legal heirs, if any.
Krishna Kishore Ganguly
Advocate, Kolkata
12074 Answers
228 Consultations
5.0 on 5.0
May I know the transfer charges for the above said properties.  
Further, is there any chance, that my cosine sister can put her claim on any of the properties?

Since the properties are your father's self acquired properties, there is a danger that since he is being looked after by your cousin sister, due to the love and affection on her and also in return to her care and affection on him as a gesture of gratification your father may transfer his self acquired properties on her name by executing a registered gift deed or settlement deed.  She may also utilise your long separation from your father in her favor and may grab the properties as you apprehend or fear about.  So, better start moving towards your father closely gradually.




T Kalaiselvan
Advocate, Vellore
13944 Answers
127 Consultations
5.0 on 5.0
Further, as per your replies, Gift deed with subsequent stamping and registration shall be done. So this process shall be done separately for each flat & shop or can be done commonly for all flats & shop together. So as to minimize  the expenditure.
 
Gift deed can be executed to all the properties in  a single deed too.  For  gift deed there is no stamp duty payable for transfers within blood relations in Maharashtra, only Rs. 500/- towards registration charges are payable.






Further, if Will is prepared by father in my name, then in that case as well I have to get the transfer procedure for all properties?

The Will in your favor will be enforceable only after the lifetime of your father.  After it comes into effect, you may have to obtain probate of will and with that you can transfer all the records including the revenue records and taxes on your name.





What all documents are required at the later stage as a proof for me as a lone son. 

Legal heir ship certificate issued by the revenue department.
T Kalaiselvan
Advocate, Vellore
13944 Answers
127 Consultations
5.0 on 5.0
Now just confirm one thing that what is cheaper way out of below 02 ways suggested by you all,
1. Will by Father in my favour - Will to be probated on demise of my father - Transfer of properties in my name.
2. Separate gift deeds for all properties - Stamping and Registration for joint transfer in my name.



If a will is made in your favor, it has to be probated through a competent court of law and get the properties transferred in your name as per law from all the departments.



A gift deed combining all the properties in a single deed also can be executed in your favor or separate deed also can be made for each property accordingly.   In Maharashtra there is no stamp duty payable for such transfers within blood relations. 
T Kalaiselvan
Advocate, Vellore
13944 Answers
127 Consultations
5.0 on 5.0

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