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Kishan Singh   25 February 2020

REGARDING TRANSFER OF PROPERTY

my father pirchased a DDA flat on Power of attorney basis in the joint name name of myself and my younger brother. now I wish to transfer the said property in the name of my younger brother. what document should I prepare.


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 4 Replies

Real Soul.... (LEGAL)     25 February 2020

make a relinquishment deed in favour of your brother

Shabira Khan   25 February 2020

My father died in 2014 leaving behind current (tenancy flat) situated at Mazgaon where I am staying.  I have taken NOC from all my family members about having sole rights on this flat which is in the name of my late father.  I have legal order from Gujarat Court as my family stays in Navsari.  I have also prepared Probate in my name from High Court (Mumbai) with NOC from all my family members.  I have given probate copy to landlord for transfer & change of name in rent receipt, however, landlord states that I have to take NOC of Collector.  I approached lawyer and was informed that I need to pay stamp duty & registration for registering document, as also under the table pay Collector.  I am confused as I have not purchased this property hence question of making sale deed by paying stamp duty & registration is not required in this case.  Please advice what should be done?

 

Real Soul.... (LEGAL)     25 February 2020

That is too frudistic....just you have not to do all that, drag them to court and get your property transferred in your name. If you had will and that probated that is enough...

Adv Haresh Raichura (Advocate on Record)     25 February 2020

Relinquish deed requires stamp duty. perhaps it was not necessary.
There are provisions in Rent Act under which you can apply to court to declare you as legal representative of deceased for tenancy purpose and can also order landlord to give rent receipts in your name. Check up with Rent Lawyers.

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