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I own a property jointly with my sister which is acquired by both of us out of our own funds. I am aged and my sister is taking care of me as my children have abandoned me. Please inform how I can transfer my share in the property to my sister without much expenditure in my lifetime?

- by Rajan, Mandya

There are two ways of transferring the interest, right and title in joint property, first is by gift and second by release. If the gift or release is to family members, concession is provided in the stamp duty. But, the description of family differs in case of gift and release. The definition of family in case of gift does not include sister. In that case the stamp duty is equivalent to conveyance. In case of release, the definition of the family includes sister and the stamp duty is Rupees One Thousand only. The registration charges are Rupees Five Hundred only. You may execute a release deed in favour of your sister.  The release deed has to be registered.

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These are all the legal questions answered by Advocate S.Selvakumar in various magazines, in various occasion including realestate reporter monthly.

QUESTIONS

Q:- We are three brothers and two sisters. My elder sister was married on 3.8.1989, and has one son.  Another sister was married on 5.11.1995, and has no issues. We three brothers are living together as joint family in an ancestral house and have inherited ancestral property of our grandfather. Our parents have expired. Now my sisters are demanding shares in ancestral property including the house and have threatened to file a partition suit.  As we would like to settle the issue amicably, please advise us.

Q:- I have read that “in the absence of any family member not residing with the tenant all the heirs will be entitled to the tenancy right”. “ I have two married daughters residing in Navi Mumbai and I am at the Central suburb, how can I ensure that the tenancy rights of my daughters will be safeguarded and after my death the tenancy can be transferred in their names according to my will ?

Q:- If the property owner dies, what is the procedure to be followed for transferring the property to his legal heirs.

Q:- I am an Orphan and brought up by my distant relative. Out of natural lone and affection, my distant relative wants to give some immovable properties to me by will which he wants to keep secret.  Please clarify whether will requires to be witnessed or I and my relative could sign as witnesses.

Q:-
My friend has immovable properties in States of Karnataka, Andhra Pradesh and Madhya Pradesh.  He has made a WILL in respect of these properties and wants to get it registered. Please clarify:
(a) As to the state in which will is to be registered.
(b) Can any member of the public or legal heirs of my friend obtain certified copies of the will?