• Inheritance of property

A friend of mine expired recently leaving behind his wife and two daughters. Both the daughters are married. The residential property owned by my friend is inhabited y his widow. The daughters want to forego their share in favour of their mother. What should be the legal procedure ? An affidavit before a Ist class Magistrate, or a gift deed or any other method ?
Asked 8 years ago in Property Law
Religion: Hindu

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9 Answers

deed of relinquishment or gift deed can be executed by the 2 daughters in favour of mother

2) gift deed should be duly stamped and registered

Ajay Sethi
Advocate, Mumbai
97464 Answers
7880 Consultations

stamp duty is state subject and varies from state to state

2) stamp duty on gift deed in favour of relatives in west bengal is 0.5% of the market value of the property

Ajay Sethi
Advocate, Mumbai
97464 Answers
7880 Consultations

Dear Sir....

Mother is free to give the gift to their daughter ....there is not cost on gift ...and you can also apply for ...distribution by the court..

Regards

Mob-No-[deleted]

Feroz Shaikh
Advocate, Navi Mumbai
407 Answers
58 Consultations

Mere affidavit is not enough as immovable property can be transferred only by registered deed.

The gift deed requires stamp duty which is .5% in west Bengal.

You can feel free to contact me for making the gift deed.

Seasons greetings.

Devajyoti Barman
Advocate, Kolkata
23323 Answers
522 Consultations

1. Both the daughters should execute and register a Relinquishment/Gift Deed in favour of their mother duly relinquishing heir share's of their father's property.

2. Without registration,the relinquishment/gift deed will not be valid.

3. After the registration of relinquishment/gift, the mutation should be made in favour of he mother to complete the process.

Krishna Kishore Ganguly
Advocate, Kolkata
27512 Answers
726 Consultations

1. For gift inside the family, the stamp duty will be for .50% of the value of the property and the registration fees will be 1.1% in west Bengal.

2. In total, it will be 1.6% of the value of the property gifted and the lawyer's fee.

Krishna Kishore Ganguly
Advocate, Kolkata
27512 Answers
726 Consultations

1. The daughters should execute a relinquishment deed in favour of their mother which has to be registered in the office of sub-registrar. Thereafter, the widow should apply for mutation of inheritance.

2. The stamp duty rate can be told only by a local lawyer as it is not uniform across India.

Ashish Davessar
Advocate, Jaipur
30780 Answers
974 Consultations

A friend of mine expired recently leaving behind his wife and two daughters. Both the daughters are married. The residential property owned by my friend is inhabited y his widow. The daughters want to forego their share in favour of their mother. What should be the legal procedure ? An affidavit before a Ist class Magistrate, or a gift deed or any other method ?

The daughters of deceased can execute a registered release deed in favor of their mother relinquishing their rights in the property.

This will make the mother as an absolute owner with marketable title to it.

T Kalaiselvan
Advocate, Vellore
87666 Answers
2353 Consultations

What should be the rate of Stamp duty for such a gift deed ?

Execution of gift deed is not a good idea and it not maintainable legally.

Under this circumstance a registered release deed relinquishing their rights would be an appropriate step.

Since the stamp duty differs from one state to another, it may clarified from local SRO's office.

T Kalaiselvan
Advocate, Vellore
87666 Answers
2353 Consultations

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