Can I change ownership from my sister to mother in a cheap way
26-Dec-2023 (In Property Law)
I want to change the ownership from my sister to my mother for a flat in newtown, kolkata in the cheapest possible method. The flat was booked under minority development initiative by the West Bengal govt. We are Muslims.
as you are a Muslim... in accordance of the Muslim personal law Oral Gift is valid and it also not barred by the Transfer of Property act or Indian Registration Act. but for the purpose of recognition of right title and interest in favour of your mother your sister must acknowledge the said oral gift by giving a date of such oral gift and further your sister also have to acknowledge the delivery of possession of the said flat in favour of your mother through a letter or written declaration which is advised to be written by an Advocate, though it is further notable to mention here that my advice is subject to any bar in accordance with said govt. scheme (minority development initiative by the West Bengal govt.)
it is further noteworthy to mention here that on the basis of the said oral gift you can not make any mutation of the said flat in favour of your mother or you may face trouble in case of future transactions in connection with the said flat for avoiding such future complexities there are following steps you may take:-
1. a Deed of Gift is to be executed by you sister in favour of your mother which is to be registered. But this is not the cheapest technique, or
2. your mother may file a civil suit against your sister in which your sister may admit the oral gift and by which you can take a decree from the civil court. This process is a bit lengthy and it may take 5 to 6 months or more depending upon the future situations, but this is relatively cheaper and best technique
for more details please contact.
it is further noteworthy to mention here that on the basis of the said oral gift you can not make any mutation of the said flat in favour of your mother or you may face trouble in case of future transactions in connection with the said flat for avoiding such future complexities there are following steps you may take:-
1. a Deed of Gift is to be executed by you sister in favour of your mother which is to be registered. But this is not the cheapest technique, or
2. your mother may file a civil suit against your sister in which your sister may admit the oral gift and by which you can take a decree from the civil court. This process is a bit lengthy and it may take 5 to 6 months or more depending upon the future situations, but this is relatively cheaper and best technique
for more details please contact.
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