LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Mihir..... (Wealth Manager)     03 August 2011

Gift deed ?

A flat owned by my father, who passed away leaving behind only a nomination form giving me 100% share in the flat, and the society has accepted and made me the member of the society. But, in order to sell the flat, I must be the legal owner of the flat. I have an understanding with my brother that the sale proceeds from the flat will be equally shared at 50%.

My question:

What will be least expensive?

Preparing a gift deed will attract stamp duty and registration , in which case I will become the sole owner, however, I will share 50% of the sale proceed with my brother.

OR

going for the succcession certificate which will attract court fees, in which case my brother and I will become co-owner of the flat and share 50% on the sale proceed.

Please advise me.


 



Learning

 5 Replies

Mihir..... (Wealth Manager)     03 August 2011

I only the member of the society, not the owner of the flat. Porperty tax bill still comes in my father's name. I cannot sell the flat being only a member of the society. I have to be a owner to sell the flat. I wanted to know the cheapest way to transfer because upon sale of flat, my brother and I will share the sale proceed equally.

Whether to go for gift deed wherein my brother, on paper, releases his rights which will attract stamp duty and registration OR to obtain succession certificate which will attract court fees and registration.

Which is least expensive?

AAK (Advocate)     05 August 2011

first you have to obtain the family surviving certificate from the revenue authority and thereafter both of your name will be entered in the property extract as the legal heirs and thereafter you both together can sell that flat to some one.

Mihir..... (Wealth Manager)     05 August 2011

Meaning I have to obtain Legal Heirship Certificate?

But, I am told by a consultant that I need to either obtain succession certificate or ask my brother to have a gift deed. And both is going to be very expensive.

I am looking for a cheaper way to transfer the flat in my name so that I can sell the flat and my brother and I can share the sale proceed eaully.

AAK (Advocate)     08 August 2011

MR. MIHIR , unless your names got entered in the property extract in NO WAY you can transfer the said property. So first you need to get enter your name in the property extract by obtaining certificate which shows who all are the surviving members in the family (its heirship certificate). By obtaining that you have to move application to enter the names of heirs in the property extract. Once the name appears in the property extract then only you can sell it in whatever means. So get enter both your and your brothers name in the property extract and together sell it.

Mihir..... (Wealth Manager)     08 August 2011

Are you saying that I need not obtain a gift deed or a succession certificate for transfer of flat in my name? Only a legal heirship  certificate will suffice? I heard that legal heirship certificate is only for government employees.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register