How to transfer land from father to sons name

528 votes

If your father is alive, then you can execute Gift Deed and transfer property in your name after registering the same and also post name get your name on all the land records with different authorities. And if your father is not alive then if he has left his WILL behind then you can apply for probate and transfer the property as per the WILL and if there is no WILL then you have to take Administrative Order from the Court.

Advocate Bankim Mehta LawRato

940 votes

Firstly is it an inheritance property. Do you have other siblings. All the children have equal share whether it is a boy or girl. in case of no Will then Succession certificate is a must and then on Property card the new name will have to be incorporated.

LawRato LawRato

427 votes

Transferring property from a father to a son in India is a common practice and can be done through various legal means. Here's a general process:

1. Gift Deed: One of the most common methods is through a Gift Deed. The father can create a Gift Deed in favor of his son, stating his intention to gift the property. The Gift Deed should be drafted on a non-judicial stamp paper of value as per the Stamp Act of the respective state. It should be signed by the father and attested by at least two witnesses. Registration of the Gift Deed at the local Sub-Registrar Office is essential for it to be legally valid.
2. Will: Another option is for the father to create a Will specifying the property bequeathed to his son. This will come into effect upon the father's demise. It's important to follow the proper procedure for drafting and registering a Will as per Indian law.
3. Intestate Succession: If the father passes away without leaving a Will (intestate), the property distribution follows the laws of intestate succession. In such cases, the son may inherit a share of the property based on the personal laws applicable to the family.
4. Legal Consultation: It's advisable to consult with a legal expert or property lawyer who can guide you through the specific legal requirements and tax implications involved in property transfer.
5. Registration: Regardless of the method chosen, property transfer must be registered at the local Sub-Registrar Office to ensure legal validity.
6. No Objection Certificate (NOC): In some cases, the local municipal authority may require an NOC for property transfer. Ensure all necessary documents are in order.

Remember that property transfer laws may vary based on the location, type of property, and individual circumstances. It's crucial to consult with legal professionals to ensure compliance with applicable laws and a smooth property transfer process.

Advocate Chikirsha Mohanty LawRato

225 votes

Step 1: Understanding the gift deed process. ... Step 2: Create the gift deed. ... Step 3: Register your gift deed. ... Step 4: Verify stamp duty and registration fees. ... Step 5: Take into consideration the Will. ... Step 6: Consult a lawyer

Advocate Chikirsha Mohanty LawRato