Property tranfer in india to sn NRI
I am a hindu male My question is my father has been recently diagnosed with Dementia which is progressing into Alczhemiers , he is losing his cognition capactiy, my brother who lives in india and live in USA, my father my sister and brother want his house in mumbai to be transfered to both me and my brother. I do not have a aadhar card and the application for same is a lenghty, do i need one to grt property tranfered and registered in my name. What would be the modt ideal option
Asked 1 year ago in Property Law from United States
1) gift from father to son attracts only stamp duty of Rs 200 in mahrashtra
2) better yiur father executed gift deed in your and your brother favour . It should be stamped and regd
3) medical certificate had to be enclosed as to whether your father is of sound mind and can execute gift deed
technically you do not need an aadhar card for property transfer. even if you have a government issued photo ID card such as passport / voter ID card, it is sufficient for getting the property of your father transferred by your father to you and your brother.
Hopefully your father has an aadhar card / passport/voter ID.
During the lifetime of your father his property can be transferred to you only if he positively executes an instrument of transfer of property such as a gift deed or family settlement. The adhaar card will not result in transfer of property. When there was no concept of aadhar card even then the title of the properties would get transferred.
1. Your father is suffering from Dementia for which he is not in a proper mental condition to execute a will or register a deed for transferring his properties,
2. Since all the legal heirs of of your father's properties wish to transfer the property equally in favour of you and your brother, you can get a will executed by your father now (when he is in the phase of having proper mental condition) wherein there will be two witnesses one being your sister and other being a doctor,
3. If you get any deed of conveyance registered by him, it can be challenged later on since it may be construed later on that you have managed to get the said deed registered by your father who is not in his proper mental condition,
4. In case of will it will be different since the title of the property will be transferred after his demise and the other legal heir being your sister will stand as witness of the will along with a doctor to certify that your father was in perfect mental condition when he executed the said will.
Executed a family settlement deed which should be registered and based on that deed you can get transfer the property in your name if all the heirs are ready for the same.
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Advocate, New Delhi
As a NRI you can inherit the property. The NRI details should be sufficient for you to acquire the property by inheritance.
Your father can bequeath the property pertaining to your share through a will or by a registered partition deed or registered family arrangement deed.
There is no necessity for AADHAR card.