Advocate Shekhar Banerjee

Questions Answered by Advocate Shekhar Banerjee

Q: Separate registry of partitioned property

Hi, the property currently my family is living in, is partitioned between my father and his brother. Specific area is mentioned on registration deed for both the owners. I want to know what issues can there be in future if we want to sell our potion or in other scenarios. Also, if we want separate registration of our share, can it be done? And is there any way that we can skip stamp duty and registration charges as property area is big and we want to avoid the charges?

Advocate Shekhar Banerjee answered
Your current portion can be sold on the basis of the partition deed. If you want to further partition or transfer the property, that can also be done. Stamp duty and registration fee depends on state to state. Please contact me for detailed assistance.

Q: Gift Deed On The Basis Of Will

My concern is that my Father in law who passed away in 2021 had registered a will in 2014He had given the flat to my mother in law in the will that she could bequeath transfer gift sale mortgage the flat as she likes and after she passes away the flat goes to her three kids So now my mil wants to gift this flat to my husbandSo would like to know how can we proceed and what's the procedure for gifting the flat to my husband The flat is in delhi and the will is registered

Advocate Shekhar Banerjee answered
A gift deed can be executed and registered by your MIL in favour of your husband. Stamp duty will be applicable and payable on the same. However, it would be better to have the Will reviewed once for contradictory clauses. Please contact for further guidance.

Q: Removing name of a deceased owner

Hello,My mother has a joint property with my father, who has passed away recently. Could you advise how to have the property under my mother’s name?Thanks

Advocate Shekhar Banerjee answered
Depends on the following factors:1. Place where the property is located2. The title document of your parents3. Whether your father died with or without a WillYou can contact me for further guidance.

Q: In 1985, Mr. A became the owner of a property through registered sale

In 1985, Mr. A became the owner of a property through registered sale deed. In 1988, Mr. A executed a registered general power of attorney in favour of Mr. B, in which it was mentioned that Mr. B can sell or transfer the property to anyone. Thereafter in 2013, Mr. B transferred the property to his grandson Mr. C through registered gift deed. Q1. Can Mr. B gift the said property to his grandson Mr. C ?Q2. Is there any relevance of death of Mr. A ?Q3. Is gift deed legaly valid if Mr. A had died

Advocate Shekhar Banerjee answered
Your third question appears to be incomplete. You may contact me separately for complete resolution of all your queries. It is important to understand whether Mr. A died before or after the transfer of the property in favour of Mr. C.

Q: Want to sell property but a relative is abroad

HiWe are a Hindu family and wish to sell our property. The property is under my deceased grand mother's name. Me and my family have been residing here since it was bought. My relatives are willing to transfer it to my mother's name. But one relative is abroad with no plans of visiting anytime soon. The real estate broker adviced to get an SPA signed and couriered by him. Is there any other way? If not, then what is the procedure and duration for the said SPA? Thanks

Advocate Shekhar Banerjee answered
If the relative cannot visit personally then the SPA is the only way forward. The SPA has to be first apostilled by the Indian Consulate in the respective country and then couriered. Depending on the state, you may need to register the SPA here. After that, the SPA holder can do all such acts that are specified in the said SPA on behalf of the relative. The SPA shall remain valid until it is revoked and cancelled in writing by the relative, or the purpose is fulfilled.