Gift deed should be executed by mother in favour of third sibling
similarly 2 of siblings can execute gift deed in favour of third sibling
There is a commercial property under a housing society which was jointly owned by mother and father. Father passed away without a will or nomination, mother is alive. If mother wants to release her 50% ownership to 3rd sibling and 2 of the siblings want to release their share also to the 3rd sibling, what will be the procedure?
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Gift deed should be executed by mother in favour of third sibling
similarly 2 of siblings can execute gift deed in favour of third sibling
Will there be stamp duty for these 2 gift deeds? How much?
Stamp duty and registration charges are payable
stamp duty would be around 3 per cent in favour of siblings
gift deed is not the correct route
the mother and the 2 siblings have to register a release deed in favour of the 3 sibling/child
stamp duty is only rs. 200
registration would be 30k i guess
plus registration agent charges and lawyer's professional fees
the title of the 3rd sibling will be complete upon obtaining an heirship certificate from the Bombay High Court
Let the mother and 2 siblings relinquish their individual share in favour of the 3rd sibling by executing a registered Release Deed in the jurisdictional Sub Registrar's Office.
There is no need to execute gift deed as that would attract more stamp duty.
Your mother and siblings can execute release or relinquishment deed in favour of the the third sibling. Registration would still be mandatory in case of release or relinquishment deed but stamp duty charges would be less.
You'll have to contact sub registrar office or some local lawyer to ascertain the exact stamp duty charges as well as registration charges.
The mother and other legal heirs have to execute a registered release deed relinquishing their rights in the share of the father's property.
Besides, mother has to execute another registered gift deed in favor of the 3rd child to transfer her own share in the property in favor of the chosen child.
The chosen child would become an absolute owner of the property with clear and marketable title to the property after both the deeds have been executed.
As both the registered documents are executed between the blood relatives no stamp duty would be payable in Maharashtra.
Only the registration charges are payable which is an ignorable cost.
Dear Client,
The shares of the ownership rights of the said property can be transferred using a 'Relinquishment Deed' or a 'Release Deed' by your mother and two other siblings to the 3rd sibling.
According to Article 52 of Schedule I of the Bombay Stamp Act, 1958, the stamp duty would be Rs.200/-, or as per conveyance under Article 25. The registration charge would be 1% of Market Value or Rs.30,000/-, whichever is less.
Thank you.
- As per law , after the death of father without a WILL , his property would be devolved upon all his legal heirs equally .
- Since that property is jointly owned by your father and mother then she can sell or transfer her share including the share which she got from her husband to anyone and to 3rd siblings
- She can execute a gift deed in favor of him
-Further, any of the legal heir can release their respective share in favor 3rd sibling after executing a relinquishment deed .
- The gift deed executed in favor of relative is minimum .