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How to transfer ownership from son to mother in joint property


09-Jun-2023 (In Property Law)
Both mother ( primary ) and son are in joint ownership of property . Son is an NRI and wants to transfer his ownership to mother so that the property is in single ownership of his mother. In what manner the ownership can be transferred with minimum cost outflow as this will have to be entirely borne by mother who is a senior citizen. Suggest ways in which this can be done. Please reply Regds,
Answers (3)

Answer #1
651 votes
The son will have the execute a gift deed in favor of his mother for his share in the property. This will work out cheaper than a sale deed and gift tax will also be minimal. He will have to come to India and execute the gift deed and then have it registered to be safe.
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Advocate Angad Mehta

Adv. Angad Mehta

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Answer #2
608 votes
As per the transfer of property act , ownership in immovable property can be transfered effectively through a duly stamped and registered conveyance deed other wise it won't be a valid transfer. It can be either be a gift deed or a relinquishment deed or a sale deed ( for which payment of sale consideration is required to be shown ) The only way to avoid payment of stamp duty on registration of a deed is to make a" memorandum of record" of a family settlement between mother and son ( if a family settlement that has orally taken place at an earlier point in time and it then later recorded into writing is termed a memorandum of record of family settlement ) . Show the share of the son to have been transfered to the mother in the " memorandum " and obtain a decree of declaration on the basis of the memorandum . Such a decree will create ownership of mother on the share of son and does not require to be registered .
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Advocate Suneet Bhardwaj

Adv. Suneet Bhardwaj

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Answer #3
849 votes
Please prepare a deed of relinquishment in favor of your mother and leave your all rights in favor of your mother and make endorsement in the official records thereafter she will be the sole owner of the property.
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Advocate Harsh Kumar Gautam

Adv. Harsh Kumar Gautam

LawRatoDelhi | 5+ Answers
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