Results for #transfer
Legal
#transfer#inheritance#property#ownership#transferred
My father owned a property. He died two years ago, leaving behind are his wife and two daughters. The flat's ownership was never transferred to my mother's name. What happens to the property if my mother passes away? Also, please guide us on the procedure to transfer the property in my mother's name.
My father owned a property. He died two years ago, leaving behind are his wife and two daughters. The flat's ownership was never transferred to my mother's name. What happens to the property if my mother passes away? Also, please guide us on the procedure to transfer the property in my mother's name.
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Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
Depending on your religion, the share of your father in the property will belong to your mother and her two daughters equally (in case of Hindus) and if the same is to be trandferred in her sole name, then the two sisters will have to transfer their respective shares in the property to the mother by way of a registered document. If the mother expires, then the property comes to the share of the...
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Taxes & Duties
#transfer#flat#costs#involved#rent
If I want to transfer my share of a flat that I jointly own with my mother to my wife, what will be the costs involved? Also, after the transfer is complete can I pay rent on this flat and claim HRA exemption in my salary?
If I want to transfer my share of a flat that I jointly own with my mother to my wife, what will be the costs involved? Also, after the transfer is complete can I pay rent on this flat and claim HRA exemption in my salary?
Answered on November 08, 2017
You can transfer your share to your wife by executing a gift deed. Further as the property is being gifted to wife (relative), there will be no tax liability under section 56 of the Income Tax Act. However stamp duty and registration charges needs to be paid in this case.
If the gift deed is executed, any payment of rent received by your wife in respect of the said property will be clubbed in...
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Legal
#ancestral#property#flat#salary#transferred
My wife and I do not have any ancestral property, we just have one flat that was bought from our salary income. We are senior citizens now and want this flat to be transferred to our daughter's anem. We have also financially supported our two sons in buying their flats. Now do we need to execute an explicit concurrence with our sons or can we directly transfer this property to our daughter's name?
My wife and I do not have any ancestral property, we just have one flat that was bought from our salary income. We are senior citizens now and want this flat to be transferred to our daughter's anem. We have also financially supported our two sons in buying their flats. Now do we need to execute an explicit concurrence with our sons or can we directly transfer this property to our daughter's name?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
You could gift the Flat to your daughter, if your two sons agree and can join them as confirming parties in such gift deed. However, if they object for such gifting of the flat in view of their having paid monies to you for acquiring the flat, then it will depend on whether such monies were given as loan or whether the same were paid to the seller at the time of acquiring such flat.
Legal
#ancestral#property#transferred
The value of my ancestral home is 10 crores. We are a family of three brother and four sisters, my father passed away in 1987. My brother got a relinquishment deed signed by all of us, stating that everyone will get an equal share. One of our brothers who has now passed away, had refused to sign the deed. He has a family of three sons, a daughter and his wife. Now, my brother has gotten the property transferred in his name and built a four storey house. How can I get my share out of this?
The value of my ancestral home is 10 crores. We are a family of three brother and four sisters, my father passed away in 1987. My brother got a relinquishment deed signed by all of us, stating that everyone will get an equal share. One of our brothers who has now passed away, had refused to sign the deed. He has a family of three sons, a daughter and his wife. Now, my brother has gotten the property transferred in his name and built a four storey house. How can I get my share out of this?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
You will have to file a suit for partition of the property and in the same suit, you will have to ask for your undivided share in the estate. You dead brother's heirs will also be entitled to his un-divided share in the property. You will also have to seek cancellation of the relinqusihment deed signed by you in favour of your brother.
Legal
#owner#flat#transfer#documents#consideration
I need advise in dealing with the owner of a flat that I purchased recently as he is not signing the transfer documents when the full and final consideration has already been paid. He is asking for additional money for doing this. The sale deed is already registered. Please suggest.
I need advise in dealing with the owner of a flat that I purchased recently as he is not signing the transfer documents when the full and final consideration has already been paid. He is asking for additional money for doing this. The sale deed is already registered. Please suggest.
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
You can file for specific perfomance of the Agreement of Sale i.e. Sale Deed. You can approach a Civil Court and seek directions against the owner to execute necessary documents for completing the transfer of the Flat in your favour.
Legal
#property#loan#unmarried#bank#procedure
We are a family of 3 siblings and a mom, our dad passed away. Me and my one sister are married. We own a property that is a one storeyed building, now we wish to take a loan on the same and build another one for my unmarried sister. But the bank says that we cannot take the loan as my mom is above 65+ years of age. What is the procedure to transfer the house in my unmarried sister's name?
We are a family of 3 siblings and a mom, our dad passed away. Me and my one sister are married. We own a property that is a one storeyed building, now we wish to take a loan on the same and build another one for my unmarried sister. But the bank says that we cannot take the loan as my mom is above 65+ years of age. What is the procedure to transfer the house in my unmarried sister's name?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
You can transfer the house in favour of the sister by way of a Gift Deed.
Legal
#transfer#property
I have a few doubts regarding the transfer of property. There are some lands owned by my grandfather and some property owned by my father. My sister is married and my elder brother has passed away. I want to know if I can change this property in my mother's name and then later get a will that would transfer it to my name. Also, can this happen without my sister's name? Please suggest if this is possible.
I have a few doubts regarding the transfer of property. There are some lands owned by my grandfather and some property owned by my father. My sister is married and my elder brother has passed away. I want to know if I can change this property in my mother's name and then later get a will that would transfer it to my name. Also, can this happen without my sister's name? Please suggest if this is possible.
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
If your grand father and father have died intestate, then all legal heirs would have a share in the estate left by them and you will not be able to get the properties transferred in the name of your mother, without the signatures of all such legal heirs.
Legal
#transferred#grandson#property#implications#buying
A father transferred his will to his son and grandson. His son sold the property without letting know the grandson and signed the registry. The property was later sold four times. Can the grandson claim this property now? If yes, what are the implications in buying it?
A father transferred his will to his son and grandson. His son sold the property without letting know the grandson and signed the registry. The property was later sold four times. Can the grandson claim this property now? If yes, what are the implications in buying it?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
The grandson can no longer claim any interet in the property if the subsequent purchasers of the property have acquired the same bonafide. The grandson however claims his share in the consideration amount recieved by the father on sale of the property. All this is subect to the Will in question having been duly probtated.
Legal
#transfer#property
I own a property along with my brother and I want the property in my wife's name after the distribution, my family is also on my side but my brother is not agreeing, what can I do?
I own a property along with my brother and I want the property in my wife's name after the distribution, my family is also on my side but my brother is not agreeing, what can I do?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
You would have to seek partition of the property from a civil court, if the property cannot be divided in metes and bounds, then it would have to be sold and the sale proceeds distributed accordingly. Alternatively, you could always transfer your share in the flat in favour of your wife by way of a Gift Deed.
Legal
#transferred#havent#registered
Are there any repercussions if a sale deed is not transferred into an absolute sale deed? I have a house site that I had purchased 20 years back and I still haven't registered it as an absolute sale deed, could this be a problem?
Are there any repercussions if a sale deed is not transferred into an absolute sale deed? I have a house site that I had purchased 20 years back and I still haven't registered it as an absolute sale deed, could this be a problem?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
Any document to an immoveable property, has to be by way of a registered document only. The same however does not per-se take away title to the property, but the same does make the title of the owner defective if his sale deed is unregistered.
