Madhusudhan 15 September 2020
Sourav Das (Advocate Supreme Court of India) 15 September 2020
Make a relinquishment deed or gift deed in favour of your mother.
Wife's consent is not required.
Advocate Bhartesh goyal (advocate) 15 September 2020
Yes,your wife's consent to transfer your share to your mother is not required.you can relinquish ,gift or sale your share to your mother.
Madhusudhan 15 September 2020
Thank you very much Sourav Das and Bhartesh Sir.
kavksatyanarayana (subregistrar/supdt.(retired)) 15 September 2020
Yes. Agreed with the above experts. The property belongs to you and your mother. You both can do as you wish.
Dr J C Vashista (Advocate) 16 September 2020
I respectfully disagree with experts qua relinquishment of your share in favour of your mother is invalid under Article 33 of Schedule- 1A of the Stamp Act, which may get the document impounded u/s 33 of the Indian Stamp Act, 1899 since the subject property is self acquired.
However, consent of your wife is not required.
Rajeev kulshreshtha (advocate) 16 September 2020
G.L.N. Prasad (Retired employee.) 16 September 2020
Transfer of property without registration is not legally possible.
Advocate Dinesh Rajpurohit ( Advocate) 16 September 2020
as property is self acquired your wife's consent is not required at all.
you can execute your parts release deed in favor of your mother.
Dr J C Vashista (Advocate) 17 September 2020
Originally posted by : Advocate Dinesh Rajpurohit | ||
as property is self acquired your wife's consent is not required at all. you can execute your parts release deed in favor of your mother. |
Dear Mr. Dinesh Rajpurohit,
Can you substantiate your advise qua execution of release deed by son in favour of mother for self acquired property jointly owned by both of them ?
Thanks and regards
G.L.N. Prasad (Retired employee.) 17 September 2020
The following is the actual query: Transfer of property without registration
Madhusudhan 17 September 2020
Hi,
The actually query was whether the wife's consent is required or not? Leave about the subject line, I just wanted to transfer the property from my name to my mom's.
P. Venu (Advocate) 04 October 2020
The definite answer is that wife's consent is not required.
Advocate Dinesh Rajpurohit ( Advocate) 04 October 2020
sir as first advice is sure that his wife's consent is not required , but the question so far as that whether he can execute release deed or relinquished deed, or even gift deed of his part in favor of his mother is technical one, we must see the provision of stamp act , whether that act allow such kind deeds or not.
with regards
adv Dinesh Rajpurohit
P. Venu (Advocate) 04 October 2020
In my understanding, both release and settlement deed equally possible. It is only that in such cases, stamp duty involved is different.
Moreover, some States have their own Stamp Acts. If so, provisions of such local enactment would apply. Nowadays, only lesser stamp duty is involved in transactions among specified blood relations. Please ascertain.