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santosh (Officer)     09 November 2011

Buying property from mother

Can a son buy a property from Mother.



Learning

 5 Replies

sridhar pasumarthy (ADVOCATE)     09 November 2011

Dear Santosh,

My answer is Yes.

But stamp duty is more for registration of sale deed.  Rather let the mother execute a registered settlement deed in favour of son, in which case, the stamp duty will be comparatively very less.

1 Like

santosh (Officer)     09 November 2011

Thanks for the clarification. So that means, it is legal to buy a property by son from mother. So technically Banks will provide home loans against it right ?

Mohankumar (Business )     09 November 2011

I think, if it is settelment deed, bank will not give loan.  But if it is sale deed (where stamp duty is higher), loan may be provided

sridhar pasumarthy (ADVOCATE)     09 November 2011

I disagree with Mohankumar.

Bank verifies whether applicant has valid and marketable title or not.  Transfer of property can be validly made through Settlement deed and it passes legal title.

You need not doubt about it.

Mohankumar (Business )     10 November 2011

Thank you Mr. Sridhar for correcting


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