Legal Question in Civil Rights Law in India
hello sir,
m 35 yr female divorcee..my dady is selfmade person.he wanted to give me his house.
1] shud i hv to pay registration fees? if he sale me the house.
2] my two elder brothers n their family living in that house. how can i get possesion of the house?
i dont hv money to pay big registration fees, i m in blood relationship though i have to pay reg fees? is there anyother way to transfer property on my name except making will.
my dady has given all other property to my both brother.
2 Answers from Attorneys
in case your brothers are in possession of the property, then that calls for a dispute. It is advisable to settle the matter through your father. He can execute a gift deed for which stamp duty need be paid. A will can also be drawn to save stamp duty and you u can get the probate after his demise.
Ms.
There is no other way to transfer a property other then by a registered sale deed or gift deed, in any case attracts full stamp duty. Stamp duty can be paid by your father too, if he is willing to.
If the property is the self acquired property of your father, then he can certainly gift or sale it to you and other brothers have to vacate the property However, this will be dispute and go to court ultimately for vacating of possession.
Except Sale deed or gift deed, the only mode lef tis WILL which come into operation after death of your father. But that is most risky, but will can be challenged and it will take long time to prove will and get possession of property.
There is one more option, go for Family Settlement or a Written Partition of the property. this require mutual conscious of your brother and father. In that way you will not be required to pay stamp duty. Also, such deed can be drawn without your brothers presence, however, this is more ticklish and complicated and may be subject to challenge.
Feel free to contact should you have any questions
Vivek N Mapara
www.vnmlaws.com
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