Stamp responsibility on gifted property is dependent upon mode of switch

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My 54 years outdated brother is an autistic affected person. He’s single and I’ve been caring for him. We had inherited 2 acres of land from our father. Nevertheless, our sister was not given any share. My brother now needs to switch his land to me however our sister is objecting to it. What could be finished in order that there isn’t any authorized problem to this?

—Title withheld on request

Assuming that you simply and your brother have inherited the land by way of the Will of your father and additional assuming that the Will has not been challenged until date and that you simply and your brother are absolutely the homeowners of the land, your brother can relinquish his share within the land by the use of a launch deed or a present deed, duly registered in your favour.

Nevertheless, kindly word that the identical is likely to be open for problem by your sister contemplating your brother has an autism spectrum dysfunction and he or she is nicely inside her rights to take action. The discharge deed or the reward deed that might be executed could be supported by a medical certificates issued by a medical practitioner who specializes within the discipline of autism spectrum dysfunction. This can certify that he’s able to understanding and forming a rational judgement.

We propose that this medical practitioner even be a witness to the execution of the reward deed or launch deed.

Such medical certificates and the witnessing of the execution by the medical practitioner could be useful to show such a deed, if the identical is challenged.

My father is a Muslim and my mom is a Hindu. Each had inherited some land 10-15 years in the past. They not too long ago died in an accident and there’s no Will. Each of them have been the co-owners in two residences. Which succession legislation will apply for inheritance of those properties? I’ve two sisters and a brother.

—Title withheld on request

Firstly, we’ve assumed that the wedding of your dad and mom just isn’t ruled underneath the Particular Marriage Act, 1954. Thus, in such instances, the Supreme Court docket has concluded that the wedding of a Muslim man with an idolater or fireplace worshipper, who’s a Hindu, is neither a legitimate (sahih) nor a void (batil) marriage, however is merely an irregular (fasid) marriage. Any little one born out of such wedlock is entitled to assert a share in his father’s property and since your father is a Muslim, it is going to be as per the Muslim private legal guidelines.

The youngsters born out of such a wedding are additionally entitled to assert their share within the ancestral property of their dad and mom, which in your case was crystallized throughout the lifetime of the dad and mom. So, in case your mom was entitled to obtain some property from her father and throughout the lifetime, your mom’s rights did crystallise, then the youngsters will turn out to be entitled to the mom’s share in such property.

What’s the proper process to switch land possession from a father to a son? What are the costs concerned?

— Chanrakant Dahipale

To reply the question, we’ve assumed that your father is an absolute proprietor of the land and the land neither types part of an ancestral property neither is held by him because the karta of a Hindu Undivided Household (HUF).

In such a situation, your father can completely, as per his discretion, both switch the land to you by duly executing and registering a sale deed for a legitimate sale consideration which ought to, ideally, not be lower than the circle price or market price, which is prevalent within the space the place the land is located or reward the identical to you by duly executing and registering a present deed in your favour underneath the provisions of the Switch of Property Act, 1882 and Indian Registration Act, 1908 and the consideration there can be the love and affection of your father for you, his son.

The stamp responsibility on the switch will differ relying upon the mode of switch of the land that your father opts for and additional on the place the place the land is located. The stamp responsibility of the related state the place the land is located might be relevant underneath the related and relevant state legal guidelines.

Aradhana Bhansali is associate, Rajani Associates. Queries and views at mintmoney@livemint.com

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