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What is the best way to transfer a property
28-Apr-2023 (In Property Law)
Hi My father and my uncle are the sole owners of our ancestral property in Delhi. My uncle lives separately and now bed-ridden due to old age. Now we want to sell our property, so what's the right legal way as he can't go to registrar office to sign the deal ? a) Should he make a Gift deed and transfer his rights ? (We fear his children may challenge it later) b) we give him his share of money and he make a power of attorney in favour of my father ? c) Straight sale deed to buyer ?
As your father and uncle are Co -owner in ancestral property. The property can be disposed off by way of gift deed or sale deed relinquish ment deed. But in all the cases registration in registrar's office is necessary. However if your uncle cannot walk registrar can also visit your home for the purpose after paying the prescribed fee for getting the sale deed registered.
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Adv. Sunil Kumar
Delhi | 25+ Answers
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The best possible way is a sale deed by your uncle. Once a sale deed registered the rights of purchaser shall be protected under Specific relief act and transfer of property act. IF YOUR UNCLE. CAN NOT GO THEN YOU MAY FILE AN APPLICATION BEFORE THE REGISTRARS OFFICE TO TAKE SIGNATURES OF YOUR UNCLE AT YOUR HOUSE.
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Adv. Uzmi Jameel Husain
Delhi | 25+ Answers
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Considering that the property in question is your ancestral property and your father and Uncle are the joint owners of the said property, the property can be sold and consequently the rights of yours and your cousins will ensure. Had it been the self acquired property held in co-ownership between your father and Uncle; the best and cost effective way would have been will. In ancestral property your cousins can raise an objection. Therefore it is advisable that your Uncle first executes a relinquishment deed (with consideration) in favour of your father and then the property is sold.
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Adv. Manu Tripurari
Delhi | 100+ Answers
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