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Author Topic: Issue clarification on House Property  (Read 858 times)

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Offline jagan.ocs

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Issue clarification on House Property
« on: July 22, 2015, 11:47:07 PM »
Hi Experts,

I am Raj, my father having plot and his purchased 35 years back. At the time he just taken agreement copy and all originals from Plot owner.

After that my father constructed house in the same plot.

Since 35 years my father paying current bill(on his own name) and House tax(on his name).

Now my father want to register same house on my name.

Here is my doubts:

1) Is my father able to transfer house property to my name, Is that registration is valid?

2) do we face any issues with previous owner?

Please do the needful.

Thanks,
Raj.

Offline advkartik

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Re: Issue clarification on House Property
« Reply #1 on: July 23, 2015, 05:43:46 AM »
If the property is registered in your father's name than yes he can transfer the property to your name.

Offline ksmani

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Re: Property
« Reply #2 on: August 25, 2015, 06:34:35 PM »
Hello sir

We are 3 brothers & 1 sister.

After died our parents, we want to share the property.
But my brothers are refused to give my share including documents

My brothers are all in india But i stay in overseas.( Foreigner)

I do not have any documents

How to get my share without problem with my brothers.

Please advice me

Thanks,
Muthu

Offline adv.amarnath

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Re: Issue clarification on House Property
« Reply #3 on: August 28, 2015, 08:45:58 AM »
Hello Mr. Raj,

Your father can transfer his property in your favour and it will be absolutely valid in the eye of law. Please ask your father to transfer the same in favour of you via DEED of GIFT which will help you to be absolute owner and more interesting part is you have to pay only 1.6% on valuation of transfering property for Registration and stamp duty fees whereas in other mode of transfer you have to pay more than 7.1% of registration fees on Valuation of the transferring property.

You will not face any legal issue from previous owner as they had sold to your father with consideration.

For further clarification or for drafting of said Deed of Gift, you can contact me
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

Offline adv.amarnath

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Re: Issue clarification on House Property
« Reply #4 on: August 28, 2015, 08:54:23 AM »
Mr. Muthu,

You should make a separate post for your query.

Anyway, still I am replying here. Considering that your parents died intestate and have not executed an WILL or DEED of GIFT or any DEED of SETTLEMENT. In this circumstance, you have 1/4th undivided share in respect of the property left behind by your parents.

Being a foreigner, if you have not converted your religion during the lifetime of your parents, then you have all rights to claim your share in respect of the said property. If you can claim Partition and Accounts in respect of that property from all your brothers and sister. if they refuse, then you can file a case for Partition and Accounts in respect of the said property before the proper court of law (INDIA) having jurisdiction. No documents is required to get/ claim your share. You can have to give details of the property in the plaint for getting/ claiming your share.

For further help or suggestion, you can contact me and dont forget to click on 'APPLAUD' just on left hand side of this post.
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

 

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