Tax efficient process to transmit undivided property share on demise


How to transmit undivided share of property of my mother who is not so healthy now, held jointly by my mother,sister&me, saledeed registered 2011 by trial court on behalf sellers heirs based on old suit filed & decreed to us in 2009, original suitor my father who died 2006 and seller died before. Unregd will prepared on NJ stamp paper last year to pass mothers 1/3 share to my son after minorty and signed by mother.All of us prefer mothers 1/3 share passes on to me or my son on her demise, with minimal CG tax. Excellent relations with sister and she wants only her 1/3 share in case of sale only

Answers (2)


314 votes

yes you can save the ta by registration of property as gift deed in your son favour .here your mother needs to gift the property to yo ,your sister, your son by way of registered gift deed so that no litigation is there and you can save tax money . i need to go through your complete property details so that we can decided how to do it in the best way


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260 votes

An Unregistered will is valid in eyes of law, provided 2 independent persons have signed the Will as Witness. The Will has to be probated after the life time of your mother.
If ur mother's health permits, then she can visit the Sub-Register office to get the will registered. Or you can request the sub-register to come home and register the will. this will not cost you much, but a safer way with reference to Wills.
Still the best way (Provided you are ok to pay the stamp duty and registration fees) will be transfer the property in to respective shares and register each of the share separately during your mother's life time and provided her health permits , so that all succession issues are resolved during the life time of your mother only.

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