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Goldenfish (Engineer)     28 February 2013

Release of rights in co-owned flat

Dear experts,

I have self-acquired flat in Mumbai suburb with my mother being co- owner. On share certificate and on agreement of sale from builder both names are present, my name being the first. The said property is self-acquired by me, by my hard earned money by taking bank loan and mother did not paid any money for buying this property. The loan has been fully paid and i am in possesion of original agreement. 

Now in order to secure my interest in my own property I wanted that my mother should release all her right and make me 100% owner of this property. I don’t want her other legal heirs (My father, brother and 2 sisters) claim the share in this property in near future or after death. Note that my mother is illiterate and she has affixed her thumb impression on original sale agreement from builder.

What is quick and less costly process to get rights transferred on my name? Relinquishment deed/gift deed/settlement deed? Please help.



Learning

 2 Replies

Adv Akhtar Ali Sheikh (Property Law Consultant)     28 February 2013

By Release,Gift or Sale Deed.

Gift will entail minimum stamp duty but all will take more or less the same time. Will require compulsory registration.

Goldenfish (Engineer)     01 March 2013

Thanks Mr. Sheikh,

Is there any capital tax gain implication? I got the info that gift deed attracts around 2%stamp duty . relinquishment deed attracts nominal stamp duty. Is there any difference btween relinquishment and Gift deed? Which deed to be executed for my case?

I think i have to pay stamp duty+ registaration.


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