Transfer of allotment
Rajiv Kaicker
(Querist) 09 March 2014
This query is : Resolved
A Mother who is an allottee of a DDA Flat (Leasehold) intends to transfer the flat to her son.
Can this be done?
If so, and after getting the flat converted to freehold,what are the implications under the Income Tax Act?
R.V.RAO
(Expert) 10 March 2014
if the property is self acquired by the mother, she can make will for transfer of the the property/gift the same by a regd. gift deed to the son at the exclusion of other legal heirs if any.
between mother and son,being relatives,no gift tax is attracted.
only stamp duty and regn. fees payable.
A will comes into force after mother's life time. A will needs to be probated.
in either case, (will/gift),get the property mutated in the name of son at sro office.
no other tax implications are envisaged.
Dr J C Vashista
(Expert) 10 March 2014
Yes the flat can be transferred.
You have complicated the issues of conversion from lease hold to free hold and tax liability, actually what do you want to know?
Rajendra K Goyal
(Expert) 10 March 2014
Gift deed or will are the avenues. Agree with the expert RV RAO ji.
Rajiv Kaicker
(Querist) 10 March 2014
My questions are:
1. Can the Mother who is an allottee of a DDA Flat(Leasehold) get the name deleted and have the name of her son an allottee in the recrd of DDA?
2.If the son becomes an allottee in the record of DDA, and opts for conversion to Freehold,what are the implications of Income Tax and other laws?
ajay sethi
(Expert) 10 March 2014
first mother should convert leasehold into free hold then execute gift deed in favour of son
Dr J C Vashista
(Expert) 11 March 2014
Mother, an allottee of a DDA Flat(Leasehold) cannot be substituted for her son an allottee in the recrd of DDA. However, she can get it converted to freehold, transferred and mutated in the name of her son in DDA.
T. Kalaiselvan, Advocate 
(Expert) 11 March 2014
I agree with the experts views that firstly the leasehold is to be converted to freehold and then the allottee (mother) can transfer the property in favor of her son vide a gift deed and explained by Mr. R.V.Rao, it will not attract the income tax liability.
