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Property partition between brothers after father's death
26-Jul-2023 (In Property Law)
My father expired in 2013 without leaving a will, he owned a house in delhi, we are two brothers and three sisters. Now we like to transfer the property between two brothers as our sisters want to transfer their share in our name. Our religion is Hindu. So what is the process to transfer the property in our name and Is there anyway we can done that without paying any stamp duty.
Yes property can be divided equally between 5 children with 1/5 th share for each. If all the three Sisters willing to relinquish their right to property, they can do so after filling the individual affidavit before the court in favour of their brothers. There is no need of paying the stamp duty. However for transfer of father property can be done only through the court in a legal process which involves paying the court fee as per the total value of the property.
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Adv. Rattan Lal
Delhi | 25+ Answers
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Under hindu succession act after the death of hindu male all of his class 1 legal heirs inherrit all the properties in equal share in case your sisters wants yo relinquish thwir share they will have to register relinquishment deed and it does not extract stamp duty like sale or gift only nominal expenses are there
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Adv. Rajesh Mahindru
Delhi | 25+ Answers
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First, get the property registered in your names. 1/5th part of the property each. Then, on a Stamp Paper, execute a Gift Deed which will require 2% of the amount of the property. Otherwise, there is no other way without paying the Stamp Duty.
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The best way your sister execute a relinquishment deed, along with other necessary documentation, and get it registered in the Sub Registrar of Property before applicable jurisdiction. It is important to note RD doest attract the duty, to minimise it it is advisable to take help of an Advocate, we can help you in the same. Tnx.
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Adv. Naveen Kumar Shelar
Delhi | 100+ Answers
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