Advocate Meena Chaudhari

Questions Answered by Advocate Meena Chaudhari

Q: The most convenient way for transfer of property from mother to son

My mother and I own an open plot of land which is 3000 sq ft. can we use the Hakka sodha patra method to transfer her share to me since the mother is transferring to son will there be stamp duty? I am hindu by religion. I am really confused which is the best and economical way as out of 5 lawyers 3 have suggested gift deed and other two Hakka sodha patra or relinquishment deed. Please suggest the best method & what are the disadvantages of relinquishment deed compared to gift deed. Is stamp duty applicable in relinquishment deed in my case? please help. also it states no tax benefits incase of relinquishing I don’t understand what it means. does it mean when I sell I will have to pay income tax in relation to capital gains or cannot claim benefit in terms of the cost to make this deed. if no stamp duty then I would definitely go for Hakka sodha patra then why all lawyers are not on same page.

Advocate Meena Chaudhari answered
Land, house or flat can now be transferred to one children or blood relatives without paying stamp duty. Only Rs. 500/- stamp is required for hakka sod patra. For income tax ask your CA .Mother can transfer her property to his son by way of hakka sod patra.

Q: Clarification on registration of agriculture plot

Sir/ mam, I have a plot at H road in N. The plot own as a power of attorney by my mother's name. Land is falling as agriculture. Can i registered plot and NA it. Please suggest me & help. Thank you. 

Advocate Meena Chaudhari answered
Agricultural land can be converted into a residential purpose. For the convention there is a procedure. You have to first take N. A permission. Then after by sanction layout land is divided into the plots. This is the procedure.

Q: Is it safe to purchase flat without OC

Without OC is it safe to purchase flat as the building is more than 20 year old & have share certificate & society is formed. Also property tax is paid with maintenance bill. Please suggest.

Advocate Meena Chaudhari answered
Original documents are necessary. Many times people are taking loan from bank and they mortgage the property to bank. If the mortgage is by equitable mortgage in that case the person has to deposit original documents in the bank.

Q: Limitation period for sale deed after agreement to sale

I had made sale agrement with builder for flat with stamp duty and registration fee. Is it necessary to pay stamp duty and registration fee once again at the time of Sale deed. Now i am staying in the same flat. So i will have to pay house tax before Deed.What was the limiting period for Sale deed after agreement to sale.please give the reply. Thank you.

Advocate Meena Chaudhari answered
That means your agreement is registered. Once you paid the stamp duty at the time of the agreement at the time of sale transaction u have to pay 100 or 200 as the case may be not full stamp duty and registration fee. For sale transaction the period is mentioned in the agreement

Q: Can father's sister claim a share in father's self acquired property

My father owns a property.It is not ancestral property.the legal heirs are father's mother,wife and two childrens. I have one doubt ,,if my father's mother passed away ,because she is currently seriously I'll. Will any there's is possibility that my grandmother's daughter can claim my father's property??? Because this property is completely owned by my father.

Advocate Meena Chaudhari answered
If the property is self acquired property then the person has absolute right on the said property. Your father sister can not claim on your father self acquired property she has no right on your father self acquired property