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Relinquishment or gift deed of family held property

Querist : Anonymous (Querist) 02 April 2018 This query is : Resolved 
My father died intestate leaving his wife( my mother) and me and my sister as legal hairs.Before death he left an unregistered family arrangement agreement on stamped paper leaving a part of the house in my sisters name.I and my sister are now paying separately municipal taxes etc. and my mother is staying with me. I constructed top floor on my part taking my sister sign on the plan approval papers.Now my sister wants to remodel her part of the house. She wants to register her part on her name before starting the work to claim ownership and to void future problems in division of the house property among our children.
What should we do now to register the part of the property on her name? We are staying in Andhra Pradesh state.
Whether to follow the "gift deed", " gift settlement deed" or "Relinquishment deed" for the part of the property to be registered in my sisters name?
We received different suggestions on this.
May please suggest best and cost effective method for effecting smooth transfer.
Thanking You.
Guest (Expert) 02 April 2018
Most Cost Effective would be the " Settlement Deed " Do not use the Word "Gift " in it and the Cost would Vary. Discuss with Senior Document Writer at the Concerned Registrar Office. They would properly assist you guide you in getting the "Settlement Deed " drafted and Registered.
R.Ramachandran (Expert) 03 April 2018
As per the unregistered but written family arrangement left behind by your late father, your separate interests in the property already stands determined.
Therefore, you can give formal effect to this family arrangement by entering into a partition deed and get it registered. Since no fresh interest (other than what already stands created vide the unregistered family arrangement made by your late father) is being created in the property in your or your sister's favour, there will be no incidence of Stamp Duty, but only Registration Fee for registering the Partition Deed.
You may take further advice from the lawyers in your locality / Registration Office.
P. Venu (Expert) 03 April 2018
Yes, the arrangement made by the father could be formalised through a partition deed.
Ms.Usha Kapoor (Expert) 12 July 2018
Agree with Venu;s opinion.


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