Stamp responsibility will range relying on the mode of property 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My 54 years outdated brother is an autistic affected person.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 will be achieved in order that there isn’t a authorized problem to this?

—Identify 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 house owners of the land, your brother can relinquish his share within the land by means of a launch deed or a present deed, duly registered in your favour.

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

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

Such medical certificates and the witnessing of the execution by the medical practitioner will 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 lately died in an accident and there’s no Will. Each of them had been the co-owners in two residences. Which succession regulation will apply for inheritance of those properties? I’ve two sisters and a brother.

—Identify withheld on request

Firstly, we have now assumed that the wedding of your mother and father is just not ruled below the Particular Marriage Act, 1954. Thus, in such circumstances, the Supreme Courtroom 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 kids born out of such a wedding are additionally entitled to assert their share within the ancestral property of their mother and father, which in your case was crystallized in the course of the lifetime of the mother and father. So, in case your mom was entitled to obtain some property from her father and in the course of the lifetime, your mom’s rights did crystallise, then the kids will turn into 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?

— Chandrakant Dahipale

To reply the question, we have now assumed that your father is an absolute proprietor of the land and the land neither varieties 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 fee or market fee, which is prevalent within the space the place the land is located or present the identical to you by duly executing and registering a present deed in your favour below 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 range 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 below the related and relevant state legal guidelines.

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

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