446+ Lawyers are online 
Transfer of property matter what to do
02-May-2023 (In Property Law)
Four years before my father registered a flat in the name of my (my father's sister's son) cousin. Now we want to transfer this property to my own brother( my father's son). Is it possible to do it through gift deed? If not, any other way to transfer in which we will not have to pay the registration and stamp duty charges again? Please help me with your answer asap. It is very urgent
Yes its possible to transfer the property by virtue of a gift deed but the stamp duty payable shall be higher as applicable in case of sale deed as there should be blood relation for lower stamp duty of gift deed.
Helpful?
13+
13+
Adv. Vivek Poddar
Kolkata | 100+ Answers
CONTACT NOW
Dear client,
First I would like to make clear that the gift deed can only be done by the person who is actually the owner by virtue of registered deed of conveyance means your cousin is the only person to execute the deed of gift in respect to the property concerned and yes you have to pay the requisite stamp duty or else your father can file a case of Benami against your cousin brother and your cousin can accept the said fact and a compromise decree can be obtained by the court in favour of your father but still your father has to execute the deed of gift in respect to the property in favour of your brother by paying stamp duty.
First I would like to make clear that the gift deed can only be done by the person who is actually the owner by virtue of registered deed of conveyance means your cousin is the only person to execute the deed of gift in respect to the property concerned and yes you have to pay the requisite stamp duty or else your father can file a case of Benami against your cousin brother and your cousin can accept the said fact and a compromise decree can be obtained by the court in favour of your father but still your father has to execute the deed of gift in respect to the property in favour of your brother by paying stamp duty.
Helpful?
10+
10+
Adv. Vikram Ojha
Kolkata | 200+ Answers
CONTACT NOW
Your father registered a deed to you cousin and now you want the same to be transferred to your own brother without paying stamp duty and registration.
This is what you want right. Now coming back to your question once a sale deed is registered it cannot be cancelled. What you cousin can do is transfer the property to his mother, who is your father's sister and then she can transfer to your dad who later on can gift it to your brother.you can save stamp duty as well as registration fee only in this way. It will be very minimal as compared to your cousin executing a registered deed to your brother. In your question it was unclear whether your cousin is with you or against you. If he is against you there are other ways. Call lawrato to fix a appointment with us. We will be Happy to help you.
This is what you want right. Now coming back to your question once a sale deed is registered it cannot be cancelled. What you cousin can do is transfer the property to his mother, who is your father's sister and then she can transfer to your dad who later on can gift it to your brother.you can save stamp duty as well as registration fee only in this way. It will be very minimal as compared to your cousin executing a registered deed to your brother. In your question it was unclear whether your cousin is with you or against you. If he is against you there are other ways. Call lawrato to fix a appointment with us. We will be Happy to help you.
Helpful?
15+
15+
Adv. Rahul Uday Singh
Kolkata | 200+ Answers
Chat
Who had purchased the property? Sale agreement is required to be seen.If your father purchased that property and he gifted the same to your stated relative for which gift deed must the with you. Now you want to get return the same property in your favour of your sibling.
Before forming any legally​ tenable opinion/suggestion I wish to study all related documents in connection with the subject property.
Please contact lawRato, for arranging legal conference in Kolkata
Before forming any legally​ tenable opinion/suggestion I wish to study all related documents in connection with the subject property.
Please contact lawRato, for arranging legal conference in Kolkata
Helpful?
11+
11+
Adv. Goutam Majumder
Kolkata | 200+ Answers
CONTACT NOW
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
Connect with top Property lawyers for your specific legal issue
No Comments! Be the first one to comment.
"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."
