Advocate Kishwar Hussain M S

Questions Answered by Advocate Kishwar Hussain M S

Q: Gift deed to transfer flat in Bangalore from dad to son

Hello,I am looking for the some information on transfer of a flat in bangalore from dad to son via gift settlement deed. - How much would it cost for the above? I read that it includes - fixed stamp duty of Rs.1120 (Rs.1000+surcharge+cess) and Rs.500 as registration fee. - How much would the attorney charge for setting up the gift deed?- What does the process include? I understand that we need to get the gift deed ready and then the gift giver has to sign it in the presence of the lawyer at the registrars office at the location of the property.- How long does it take for the process to be complete?Thanks!

Advocate Kishwar Hussain M S answered
the stamp duty is revised from 1st April 2016. the stamp duty as mentioned by you was there prior to 1st April 2016. once you provide the document pertaining to the subject flat which includes the latest title deed in the name of father, accompanied by Khata extract, Khata certificate and latest tax receipt for the year 2016-17. it requires at least a day to prepare the gift deed.

Q: Rights of son in father's property under Muslim Law

Hello sir/madam I m a Muslim by religion and from Bangalore do I have any rights on my father's or mother's property which they have earned but not from their ancestors as they both are still alive if I do have then what are they please I request to explain it briefly Thanking you 

Advocate Kishwar Hussain M S answered
IN MOHAMMEDAN LAW you don't have any right over the property of your parents during their lifetime, whether it is self acquired or ancestral. your parents will be having absolute authority over the same during their lifetime. you have no right to claim any share.

Q: Share in property as per Muslim Inheritance Law

MY question is according to muslim law. 1. does a unmarried sister gets a equal share in parents property as compare to brothers . 2.And my one more phuphu expired before my grand mother so do her kids too get share in the property .As we have grand parents property what is the percentage of share do my chachu ns phuphu and myself will get

Advocate Kishwar Hussain M S answered
regarding your first query; unmarried sister gets a single share compared to brother who will get double share. regarding your second query; If the property in question belonging to your grandparents and if your Phuphu has predeceased your grandparents, then the children of your Phuphu will not get any share in the property. regarding your third query; I require a detailed family tree of your grandparents to ascertain the shares of their legal heirs.

Q: Property Registration and clarification on GPA

Hi, I'm stuck in a weird situation, My apartment is nearing completion. My wife and me are joint owners. Its registration may happen in Dec but builder had postponed it to Mar. We both had specifically travelled from US now for this purpose and are leaving Dec end; My wife is pregnant and air travel is to be a bare minimun (doctor's orders). Below are my questions 1. Since apartment has not been registered, can the apartment be transferred in my name by my wife giving an affidavit and I do the registration in dec or in Mar (by travelling alone from US). (I exercised this option but builder is saying that the sub-registrar office may not take the affidavit). 2. Can me and my wife do a GPA in my brother's name who is in Blr? Do we both have to travel to Blr for this. Will the cost come to around 2% for registering this GPA, given my wife is not a blood relative to my brother? 3. Are there any other alternatives?

Advocate Kishwar Hussain M S answered
your wife can execute a GPA in your favour in USA itself and the said document can be notarized before a notary in USA. based on the said GPA you can get the flat registered in your joint names (you and your wife) as owners you being attorney holder of your wife. else you both can execute a Special Power of Attorney in favour of your brother for a specific purpose of representing you both to purchase the flat in question then its valid. the stamp duty attracts only when both of you authorize your brother to sell the property and not to purchase the property. hope this clarifies you.

Q: Is presence of agent & the principal necessary for registration of POA

In Bangalore.. is it compulsory that at the time of registration of power of attorney that the Agent and the principal should be present together at the Sub-registar office?

Advocate Kishwar Hussain M S answered
it is not compulsory that at the time of registration of power of attorney both the parties i.e. principal and agent need to be present,, only the principal can go to sub registrar's office and execute the Power of Attorney in absence of the proposed agent in bangalore