Transfer the property to a family member.

There is a joint property on the name of 2 brothers. Now out of them one wants to transfer that to other brother. Simply now that property will be by 1 brother. What all formalities are needed? Do we need to pay certain amount of tax as well in terms of only transferring papers. Any knowledge is highly appreciated.

Answers (3)

327 votes

In your case, it appears that the property is half owned by each of two brothers. This being the situation, if one wants to transfer his share in the property to the other, then it may either follow normal course of sale and purchase or gift. Accordingly, the registration will be required.

Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

237 votes

Thank you for your query. Allow me to re-frame your question. A and B are brothers who jointly own a property; A wishes to transfer his share to B. The are a few options that you could consider for doing so. The first would be that A execute a Relinquishment Deed giving up his rights, title and interest in the property to B. A could also execute a Gift Deed. A could even Will it to B. It should be borne in mind that a Will coupled with interest cannot be revoked and could be a good option as would not be required to pay stamp duty and neither is registration compulsory for a Will (though advisable). Executing a deed would require you to pay stamp duty which would depend on the value of the property and which revenue district it comes under. The document would also have to be registered. If you would prefer to avoid stamp duty then A could execute a Power of Attorney or a Will as I have stated. However, you must speak with an Advocate about the same as Powers of Attorney and Wills can be usually revoked. An Advocate could structure it in such a manner that it would be irrevocable thereby protecting the interest of B. Do let me know if I could be of any further help to you.

Popular Property Lawyers

Advocate Rajesh Rai
Sector-19, Dwarka, Delhi
20 years Experience
Advocate Sunil Kumar Bakshi
Sector-16, Faridabad
33 years Experience
Advocate J. P. Rinwa
Swej Farm, Sodala, Jaipur
19 years Experience
Advocate Jaspreet Singh Rai
Greater Kailash 1, Delhi
17 years Experience
61 votes

The first brother can relinquish his share of the property in favour of the second brother by way of a relinquishment deed signed by both the parties and registered at the office of the sub-registrar. Stamp duty will vary from 1%-8% depending on the state. There is no discount for relatives, nor are there any tax benefits. Also, both stamp duty and tax will be applicable only on the portion of the property that you relinquish, not on its total value. You can also use this deed to transfer movable property without registration, but it is typically used for immovable property.

However, if the first brother decides to 'gift' his share of the property to the second brother, he will be entitled to the following benefits;
> Registration is not required
> Stamp duty is lesser for relatives

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at and has been responded by one of the Property Lawyers at to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at or contact a Lawyer of your choice to address your query in detail.

Related Questions

" has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."

Related Articles