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Home > Forum > Ghaziabad > Legal > Jointly registered flat

Jointly registered flat

Q: I have a flat in Shipra Sun City in Ghaziabad that is jointly registered in my mothers and my name. My mother passed away last year and my brother and sister have agreed to give up their share of inheritance in my favor. I would like to know how I can get this property registered in my name? Is gift deed or relinquishment deed a way to go or is there some other process? What are the monetary implications of going with the gift or relinquishment deeds? Thank you.

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Replies (3)
1
My mother did not leave any will but when alive had expressed that it be passed on to me. My siblings are respecting that wish. Gift deed at 8% stamp duty will entail a lot of money. Is relinquishment deed a cheaper and at the same time a foolproof way? This is a leasehold property.


My mother did not leave any will but when alive had expressed that it be passed on to me. My siblings are respecting that wish. Gift deed at 8% stamp duty will entail a lot of money. Is relinquishment deed a cheaper and at the same time a foolproof way? This is a leasehold property.
, Apartment Resident 
29th September 2017


2
If your sister will not create problem WILL is the cheapest mode. To further ensure, you take affidavit from your sisters that they know the execution of WILL in your favour and they have no objections. Otherwise gift or Sale Deed is the safer mode. It has to be executed on appropriate stamp paper (depending upon the value of the property) and registered with the Sub-Registrar. You have to pay stamp duty of 8% on the value of gift, i.e. the property in question.
Praveen P


My mother did not leave any will but when alive had expressed that it be passed on to me. My siblings are respecting that wish. Gift deed at 8% stamp duty will entail a lot of money. Is relinquishment deed a cheaper and at the same time a foolproof way? This is a leasehold property.
, Apartment Resident 
29th September 2017


3
Yes, you can make a relinquishment deed in your favor. You can execute a WILL in your favour. However, if your sister will object or you apprehend and objections from their side then please go for a Gift Deed. The gift is required to be registered under the Indian Registration Act. You have to pay stamp duty of 8% on the value of gift, i.e. the property in question. In case your sisters will not object then go for WILL. But at the same time take affidavit from your sisters that they know about execution of WILL in your favour and shall have no objection to the WILL, as a precaution.
Saurabh Singh


My mother did not leave any will but when alive had expressed that it be passed on to me. My siblings are respecting that wish. Gift deed at 8% stamp duty will entail a lot of money. Is relinquishment deed a cheaper and at the same time a foolproof way? This is a leasehold property.
, Apartment Resident 
29th September 2017


4

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