• Property title transfer - MP, India

Please help n guide. My father passed away in 2006 and my mother insisting that I transfer the property in my name since she is now v unwell. I am a foreign citizen and I have two sisters living in India with their sons.

Please advise as to the best option on how I should proceed with the title transfer of the property and estimated costs and time it will take to transfer and register.

Thanks
Asked 5 years ago in Property Law
Religion: Hindu

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

18 Answers

Your mother and sisters can execute gift deed in your favour for their one third share each 

 

it should be duly stamped and registered 

 

you can apply for mutation of house in your favour 

 

enclose father death certificate 

Ajay Sethi
Advocate, Mumbai
99779 Answers
8145 Consultations

Ask your mother to execute a deed of gift.

Swarupananda Neogi
Advocate, Kolkata
2993 Answers
6 Consultations

1. A Foreign Country Passport holder is not classified as a Indian Citizen and hence cannot hold property in his name, to the exception of taking proper permission from RBI.

2. In other circumstances, Mother & Both Sisters and yourself could have executed a registered "Release Deed" with mutual consent by joint signatures, wherein Father's property would be solely transferred in your name.

3. Drafting of Release Deed and Registering the same would take about 2-4 working days. Lawyers fees in MP would be around 10,000/-  plus relevant Stamp Duty and Registration Fees.

4. You are advised to conduct above point no. 2, in favor of Sister/s and take relevant settlement amount from sisters.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

You can give POA to proceed legal work in government office of SRO. You will need to provide all details about your property. 

 

In this case if you're not coming to India then ask them all to give WILL Or POA rights on your name. 

Or just apply for nomination process. 

 

If you're going to come India than perform relinquish deed or Gift deed. 

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

You can apply for certified copy of sale deed from sub registrar office 

 

2) stamp Duty is state subject and varies from state to state 

 

3) it is around 2 per cent of market value of property for gift deed 

 

4) legal fees vary depending upon the lawyer engaged by you 

 

Ajay Sethi
Advocate, Mumbai
99779 Answers
8145 Consultations

1. On the demise of the father without will the property in his name shall be equally divided between your mother, you and your sisters. To transfer the same in your name you need gift or relinquishment deed of the share of sister in favour of you. The deed has to be registered and stamp duty on the same is to be paid. 

2. Mother for her share and properties can make a registered will in your favour.  

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

1. You may get a certified copy of the deed from the sub-registrar office if the purchase document was registered. 

2. The charges shall be in accordance with the valuation of the property, the stamp duty and registration fee are payable. 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

1. if your sister & other family members agree, you can get the property transferred in your name without much legal hassles, however, a proper & required legal procedure is required,

2. the share of the property of your mother & sister can be transferred in your name through a gift deed or family transfer,

3. the stamp duty is around 9 percent in MP 

4. for a gift deed of immovable property, the stamp duty is around 3%

 

Suneel Moudgil
Advocate, Panipat
2386 Answers
6 Consultations

All have 1/4th share each. To transfer property in your sole ownership, all have to execute release deed in your favor. If sisters do not cooperate, at least your mother can execute Will in your favor to transfer her share to you.

If you have payment proof than 75% ownerhsip is already yours. Only need to reclaim 25% ownership.

In whose name property was purchased, if sale deed is in your name than u r sole owner.

If original not traceable than obtain certified copy from aub registrar office.

Yogendra Singh Rajawat
Advocate, Jaipur
23081 Answers
31 Consultations

The property that belonged to your deceased father shall devolve equally on all his legal heirs upon his intestate death.

Your mother has rights only to one fourth extent in that property.

Similarly your sisters also are entitled to their rightful share in the property.

Hence all the three of them have to execute a registered release deed relinquishing their rights in the property  after which you shall become an absolute owner with clear and marketable title to the property.

 

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

There is no question of title transfer or exorbitant charges involved in it.

If your sisters are willing to cooperate to relinquish their rights in the property, then along with your mother, let all the three execute a registered release deed which is a very easy process and economical as well.

 

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

Dear Sir/Madam,

It is suggested that you may get the certified copy of the documents from the local registrar's office. If you wish, you may get the gift deed from the mother and the stamp duty charges will be the 03% of the cost of the properties.   

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

You can get it done via SPOA

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

1. Ask your mother to obtain legal heir certificate of your father and then execute a joint relinquishment deed in your favour in which your mother and sisters give up their share from property of your father in your favour. 

2. The relinquishment deed must be registered with sub registrar by paying required stamp duty.

3. After making these documents you can come to India and apply for mutation of property on your name. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

You can get the certified copy from the registration office.

Regards

Swarupananda Neogi
Advocate, Kolkata
2993 Answers
6 Consultations

Yes you can do the same. If it's mutation the transfer charges are nominal. 

Prashant Nayak
Advocate, Mumbai
34515 Answers
249 Consultations

The property must be in your father's name. Your sisters too have a share andyour mother. You may give a PoA to a trusted friend or relative who may do the necessary paperwork in India.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

A certified copy of the property documents can be obtained from the local sub registrar office. Engage a local lawyer. After that he may do the needful.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer