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Know the Process: How to Transfer Property From Father to Son

Author
Blox Social
Posted on
Aug 3, 2023
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Transferring property from a father to a son in India is a significant step, laden with emotions, rules, and financial aspects. This guide introduces the process in a straightforward manner. Rooted in cultural significance, the transfer embodies lineage continuity and asset preservation. The guide clarifies legal steps, needed documents, tax considerations, and crucial actions for a smooth transfer. 

As property laws differ among Indian states, understanding specifics is vital. If seeking legal advice and staying informed are done, a hassle-free transfer is likely. Moreover, careful planning and compliance ensure a seamless property transition while respecting tradition. However, this journey requires a balance of emotions and regulations to succeed altogether.

Today, we are going to discuss the necessary steps on how to transfer property from father to son

What is the Transfer of Property?

The transfer of immovable property from father to son can be seen as a gift. In accordance with the Transfer of Property Act, the transfer of residential property through a gift requires a registered document, commonly known as a gift deed. This document must bear the signature of the person gifting the property. 

Interestingly, the stamp duty for a gift deed is similar to that of a regular sale. Nonetheless, an exception exists for specified relatives, encompassing gifts between fathers and sons. Notably, in Maharashtra, the stamp duty rate for such transfers was capped at Rs 200 until May 16, 2017. However, presently, the applicable stamp duty stands at 3% of the transaction's market value.

Step-by-Step Guide: Transferring Property from Father to Son

The transfer of immovable property from a father to his son is a process governed by legal procedures and regulations. This comprehensive guide outlines the necessary steps on how to transfer property from father to son to ensure a smooth and legally binding property transfer.

Step 1: Understand the Gift Deed Process

The transfer of property as a gift involves creating a legal document known as a gift deed. This deed serves as proof of the transfer and outlines the terms and conditions of the gift. Under the Transfer of Property Act, this deed must be executed through a registered document.

Step 2: Prepare the Gift Deed

The father, as the donor, or someone on his behalf, must draft the gift deed. The document should clearly state the intention to gift the immovable property to the son. This deed must be signed by the father and witnessed by at least two individuals who act as eyewitnesses to the transaction.

Step 3: Register the Gift Deed

To ensure the transaction's legality, the gift deed must be registered at the office of the sub-registrar. This process involves submitting the gift deed along with the necessary documents and prescribed fees. During registration, the registrar verifies the presence of the required stamp duty on the deed.

Step 4: Verify Stamp Duty and Registration Fees

The stamp duty and registration fees for a gift deed are typically the same as for a sales transaction. Before delivering the gift deed for registration, it is critical to calculate and apply the required stamp duty. This financial aspect is required for the deed to be legal.

Step 5: Consider Will as an Option

The father, on the other hand, has the option of passing on the property through a will. This entails naming the son as a beneficiary in the will. With this, the property passes to the son following the death of the father. While this procedure is less quick, it is nonetheless a legally recognised method of property transfer and is widely used in India.

Step 6: Seek Legal Consultation

Going about property transfers can be complicated that involves legal. Their expertise can ensure the proper execution of the gift deed or will, ensuring that all the legal formalities are met and thus avoiding potential disputes.

Conclusion

Transferring property from a father to a son is a big step involving a bunch of feelings and legal duties, which can make this process very overwhelming. To make sure the property transfer is fair and follows the rules, it's good to talk to a legal expert. They can help you understand the process of how to transfer property from father to son. If you do the steps talked about and ask for expert help, you can carry out this process without any hassle.

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