Dharshan (Advocate) 19 June 2019

Trasfer property from brother to sister

Hello Experts, Brother wanted to trasfer property to sister as gift deed, inbetween brother died and not able to trasfer, now Brother wife and childeren are ready to trasfer the property. (there is no WILL by brother) (property is site)

1. how to make this transaction.

2. should brother property need to be trasfered to wife and then wife can trasfer to sister - what is procedure in karnataka.

3 Can Wife and childeren directly trasfer property to sister as gift without any doucment. (by attaching the death certificate and family tree of brother family.

4. how can be gift deed to be drafted .

can expert can give step by step to follow in karnataka

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2 Replies

kavksatyanarayana (subregistrar/supdt.(retired)) 19 June 2019

Dear querist, all the legal heirs (deceased person's wife, children and parents if any) have equal rights over the property. They shall obtain death certificate from the concened authorities and legal heirs certificate of the deceased from the Tahsildar concerned. Get a gift deed drafted by a senior Document writer or a lawyer who draft the deeds. The wife and children and if parents shall execute the Gift deed in favour deceased's sister. But Stamp duty may be paid up to 5% + other charges to my best, as the stamp duty varies from one State to other State. You should get the deed drafter and all the heirs shall attend the office for registration. The charges will be levied in cash or online.

Shashi Dhara 19 June 2019

The children's of brothers are major or minor.if they are minor then his wife has to approach court as minor gaurdian and seek permission from court and then after