Dear sir, Me and my 2 brothers and 2 sisters inherited a registered vacant land in Bangalore after death of our father.. We brothers did wedding expenses to both our sisters after father's death and brothers constructed apartments for themselves with their own hard earned money on this land after our sisters went to live with their well to do husbands. We like to divide the land only among all 4. My sisters are willing to sell their share(s) in the land to one brother who is willing to buy their property(land) share. My question is: What type of legal paper work is needed. Can any lawyer office help us in this as soon as possible?. Please give information on how many days will it take and the expenses with fees for paper work/registration, lawyer fees,etc ( since i live and work out of state) Also Can any sister have right to gift their share to any brother with or without permission of their husband.?
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1) since sisters are willing to sell their share in land saledeed has ru be executed by them in favour of brother
2) sale deed should be duly stamped and regd
3) legal fees vary . It should not take more than 15 days
4) stamp duty would depend upon market value of share of sisters in property
5) registration charges would be maximum Rs 30000
6) sisters don't need consent of husband to execute sale or gift deed
1. A partition deed can be exeucted to amicably divide the property between the heirs of your father. It can be done in a single day if there is a positive agreement between all the heirs. Your sister is free to gift her share without the consent of her husband.
2. I cannot comment on the lawyer's fee as the fee structure of lawyers in not uniform. You should personally inquire this from the lawyer whom you wish to engage.
1. All the sisters can execute Relinquishment Deed in favour of their brother.
2. All the brothers can enter into Partition Deed amongst themselves clearly demarcating their respective shares.
3. I am ready to do this work for you.
4. On receipt of all the details only 1 or 2 days are sufficient.
5. The Partition Deed has to be registered in the jurisdictional Sub Registrar's Office.
6. Since you are not in India, you can authorise someone to sign the deed on your behalf by giving Power of Attorney in someone's name, including your siblings.
7.Permission is not necessary for the sister to gift or execute Release Deed in favour of her brother.
Since this property devolves on all the legal heirs equally, if your sisters want to give away their shares to on of their brothers, they can transfer their share by executing a registered release deed in favor of the brother relinquishing their rights in the property or by executing a registered gift deed or by executing a registered sale deed.
The execution of any of the above deed will not take much time, it is a matter of preparing the document and getting it registered before the registrar's office on the same day.
However since there is no partition deed prepared for partitioning the property among yourselves, it will be hard to identify each individual's share in the property, therefor it is advisable to effect partition among yourselves, and they can transfer their share of property so identified in favor of the brother proposed accordingly.
Further, your sisters need not take permission or consent from their spouses for this act.
to save stamp duty you should prepare family settlement deed and take her share. get registration of that deed. first you should hire an advocate. he will prepare all the documents and complete all the proceeding in short time duration.
1. Your sisters can execute and register a deed of conveyance in the form of gift deed/sale deed/ settlement deed etc. in favour of their said brother conveying their shares of their father's property/land,
2. The job of drafting the said deed will take a day or two and registration will take another one day by the Advocate if he can squeeze out time from the Court,
3. For the purpose registration, you shall require a lawyer of Bangalore.
