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Aldrich Pereira (N/A)     17 June 2011

Transfer of House without financial transaction

Hi,

 

My sister and her husband were married in Dec 1998. He sold us a portion in his house in 2001 before he and my sister went to America for his MBA. At that time we didnt execute a transfer or sale agreement. In 2004 my sister and her husband got a divorce. My question are :-

1) What are my options now to execute a transfer without a financial transaction?

2) Can a gift be given to my sister by her Ex-husband?

 

Thanks



Learning

 5 Replies

Bharatkumar (ADVOCATE )     17 June 2011

Yes, u can transfer the property without financial transaction and excute a sale deed at registrar office. AND if given gift this property u registration a gift deed in registrar office and in both deed u pay a stamp duty as per government rate so u first contect sub registrar for that.

piyush sharma (Lawyer)     18 June 2011

Yes but if you want that the property to be transfer in your name then you can executed a gift deed directly in your name. No sale deed can be executed without financial transaction. Consideration in the main element of  any type of contract and important to calculate stamp duty. How ever if you directly execute a gift deed then financial transaction can be avoided.

Aldrich Pereira (N/A)     19 June 2011

Hi,

Thanks for your reply, however upon speaking with a lawyer, I have been informed that the gift deed is not an option as it can only be executed between family members, and since my sister and her husband have been divorced, a gift can no longer be executed.

Can a sale agreement be done for Re. 1 ?

Thanks

Aldrich Pereira (N/A)     19 June 2011

Hi,

 

Thanks for your reply. As mentioned, by a few other lawyers, they have informed me that gift deed cannot be done since my sister has divorced him.

I am looking for another way?

Can he not give it to her as a marriage settlement since when they got a divorce she hasnt taken anything from him?

Thanks

piyush sharma (Lawyer)     20 June 2011

Mr. Aldrich Pereire thankyou very much for increasing my knowledge on this issue but I am still not convinced with the interpretation of law given to you by various lawyers. If you have some spare time kindly check out transfer of propert act section 122 to 129.However there is lesser  stamp duty in case of relatives. If there is any other enactment which over riding TPA kindly also informed me please. Property for  marriage settlement is also an option but even than stamp duty can not be avoided. 


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