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Transfer of house from my mother to me

Querist : Anonymous (Querist) 02 February 2011 This query is : Resolved 
What is the procedure to transfer a house (in Gurgaon, Haryana) from my mother's name to my name?

I have a brother, who is agreeable to the property to be transferred solely in my name, and my mother, who is the owner, wants to do the transfer.

So the main question is, what is the procedure, and what is the best way to do it to reduce expenses (for instance, for stamp duty/registration fees, tax, etc.)
A V Vishal (Expert) 03 February 2011
If the property is self acquired then your mother can gift it. However, if the property is not self acquired property of your mother then both of them have to relinquish their rights to you by way of a relinquishment deed.
SAANJAAY GUPTAA (Expert) 03 February 2011
Agree with Mr.Vishal
Kirti Kar Tripathi (Expert) 03 February 2011
Yes, I also agree with Mr. Vishal. If it is self acquired property if can be gifted, otherwise your mother and brother can relinquish their rights in your favour.
Advocate. Arunagiri (Expert) 03 February 2011
I fully agree with Mr.Vishal.
Deekshitulu.V.S.R (Expert) 03 February 2011
Gift is the best mode. In A.P if the gift is made to a family member, then there is a lot of exemption in the Stamp Duty.

Try if such a possibility is there in those states.
Guest (Expert) 03 February 2011
To avoid huge amount of fresh registration fee, transfer of property as a gift is the best remedy.

Further, if the property is built on the plot allotted by HUDA, transfer process on their record would also be necessary to be made by giving prescribed application to the Estate Officer, Haryana Urban Development Authority and getting the plot to be formally transferred in your name.

PS Dhingra
Chief Executive Officer
Dhingra Group of Management & Vigilance Consultants
New Delhi-110089
Mobile: 09968076381
[dcgroup1962@gmail.com]
Querist : Anonymous (Querist) 04 February 2011
Thanks.

Indeed, it is self-acquired by her, in that she purchased it (I provided part of the money, but there is no official record for that - that is why she wants to give it to me already now, while she is around, and at the moment, my brother is also agreeable to it. But anyway, since my brother is not an owner, I guess his agreement is immaterial, as long as my mother herself - who is the sole owner, and self-acquired the property, does transfer/gift it to me?).

It is one floor of a multi-floor buildings in a Unitech housing colony.

Thanks for your kind help and insightful advices.


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