Advocate Kiran N Murthy

Questions Answered by Advocate Kiran N Murthy (25+ answers)

Q: How to transfer property from brother to brother in india ?

I wish to transfer some of the properties (lands from Coimbatore and Chennai in Tamilnadu) to my own brother which was paid by him but registered in my name. Can I do the transfer by giving permission in a 'non judicial stamp paper of Rs.100' and get that document notarized? what is the rule for transfer of property between siblings ?

Advocate Kiran N Murthy answered
you can gift the properties that you wish to transfer in favour of your brother, this document needs to be registered at the sub-registrar's office where the property is situated.No you cannot do a transfer by giving permission on a non-judicial stamp paper, this does not amount to a transfer.

Q: Is it legal for 2 people to hold GPA for the same property?

difference between gpa and power of attorney ?,Is it legal if two persons are holding the GPA simultaneously in the same property

Advocate Kiran N Murthy answered
Just as long as the owner has appointed the attorney's to represent him with respect to his property, two or more persons can hold GPA for the same property. The same is legal and binding.

Q: Is a marriage certificate required to apply for divorce? Is a marriage certificate mandatory for div

Is a marriage certificate required to apply for divorce? Is a marriage certificate mandatory for divorce in India?

Advocate Kiran N Murthy answered
proof of marriage, such as Wedding invitation card and joint photographs would be mandatory for applying for divorce, not the marriage certificate. I am guessing that you are filing the divorce petition jointly, in which case both husband and wife must be present at the time of filing.

Q: How to remove co owner name from property ?

Hi, We brought a land in Bangalore 4 yrs back. Me and My wife is the co-owner of the property. Now, we are finding some differences and decided to remove my name from the property and to make complete ownership to my wife. Can i get some idea before i head back to India and start removing my name from the deed. Please let me know how to remove co owner name from property in india ? I really appreciate your help and quick response.

Advocate Kiran N Murthy answered
If you do not have any loan or mortgage over the said property, then the easiest way to remove your name from the joint names, is if you were to execute a release deed or relinquishment deed in favour of your wife with respect to 50% share that you are the owner of, then she in turn becomes the full and absolute owner of the said property.For this, both you and your wife will have to go to the sub-registrar office where the property is situated and you as the first party execute the release or relinquishment deed in favour of your wife the second party, this document will be duly registered and she can thereafter get the Katha transferred absolutely into her name.Since the transaction is between husband and wife, there is a fixed stamp duty that will have to be paid. It is as simple as above.

Q: Can a property be registered in two names ?

can a property be registered in two names in india (Brother and Sister) ? what is the procedure for joint registration of property ?

Advocate Kiran N Murthy answered
yes the registration can be done in joint names, however if any one person is taking a housing loan, then essentially the bank would not permit inclusion of any other persons name as joint owner of the property unless it is husband and wife. if both are funding it and one bank is lending the money, then no issues.