What is the Procedure to Transfer Property from Father to Son?

Being a law student, I have come across many case studies where people ask

how to transfer property from father to son. We have studied these cases carefully and I can help you out with your concern.

A father can transfer his property to his son by the following ways:

• There is one option of initiating a deed as a gift

  of immovable property from father to son

  .

• The transfer of a property as a gift, has to be backed by a registered instrument or document, signed by or on behalf of the person gifting the property.

• The

  gift deed from father to son

  should also be attested by at least two eyewitnesses.

• A percentage of the property value has to be paid as the stamp duty on gift deed registrations in a state as given in the table.

• A transfer of any property can also be made by way of execution of a will but the vesting of the property will take effect after the death of the person executing the will. 

• As per the prevalent laws, a will is neither required to be stamped, nor is it required to be registered.

• A will is the cheapest mode of transferring your property, to the persons whom you wish to.

I hope I was able to resolve your concerns on

how to transfer property from father to son. Let me know if you still have any doubts.

The procedure to transfer property from father to son involves several key steps. This can be done by either drafting a gift deed, Will/testatment, succession certificate, joint ownership, and so on. I’ve shared each steps in detail here with you all.

What are the Procedure for Transfer of Property from Father to Son?

Gift Deed:

• Prepare the Gift Deed: Draft a legal document stating the transfer of property as a gift.

• Register the Gift Deed: Visit the local sub-registrar office to register the deed.

• Witnesses: Ensure the deed is signed by two witnesses.

• Stamp Duty: Pay the applicable stamp duty and registration fees.

Will/Testament:

• Create a Will: The father can write a will specifying the transfer of property to the son.

• Probate: After the father’s death, the will must be probated in court to validate it.

Succession Certificate:

• Obtain Death Certificate: Get a certified copy of the father’s death certificate.

• Apply for Succession Certificate: Approach the court to obtain a succession certificate.

• No-Objection Certificate: Obtain a no-objection certificate from other legal heirs.

Joint Ownership:

• Add Son to Title: The father can add the son’s name to the property title, making them co-owners.

• Rights of Survivorship: Upon the father’s death, the son automatically becomes the sole owner.

Consult Legal Experts: Consult with lawyers to ensure all legal requirements are met and to choose the best method based on the family’s financial situation.

This is all about what is the procedure to transfer property from father to son. Each method has its own legal and tax implications, so it’s essential to choose the one that best suits your needs.

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Well, the transfer of land from father to son can vary based on the nature of the property (self-acquired or ancestral) and the applicable personal laws (Hindu or Muslim).:

The father can execute a gift deed, transferring the property to the son during his lifetime. The father can also include the son as a beneficiary in his will, specifying the property's distribution upon his death.

If the property is ancestral, a partition deed can be executed to divide the property among legal heirs, including the son. The Hindu Succession Act governs the distribution of ancestral property.

If a partition deed is not executed, the property is distributed as per the legal heirs' rights under the Act.

The father can gift the property to the son during his lifetime by executing a valid gift deed. The father can also include the son as a beneficiary in his will. In the case of ancestral property, the distribution is governed by Sharia principles.

It is advisable to obtain the consent of all legal heirs, especially if the property is ancestral, to avoid potential disputes.

Consult with a legal professional specializing in Hindu or Muslim family law to understand the specific requirements and procedures.

Make sure that all relevant documents, such as gift deeds, wills, or partition deeds, are prepared and executed correctly. Registration of the document is crucial.

I hope this will help you with how to transfer father property to son.

Read more

The process for how to transfer land from father to son involves a legal process. The exact procedure can vary based on the type of property (movable or immovable) and the specific state's laws.

Here's a general overview of the property transfer from father to son Indian law process:

• If the father wants to gift property he can use a gift deed. It is a legal document that transfers ownership of property from one person to another without any consideration.

•  If the transfer involves a sale, a sale deed is used. It is a legal document that transfers ownership of property with monetary consideration.

• If the father wants to transfer the property upon his death, he can do so by creating a will.

• The deed or will needs to be drafted. It should include details of the property, names of the parties involved, and the terms and conditions of the transfer.

• Both gift deeds and sale deeds need to be executed on non-judicial stamp paper.

• The deed should be registered at the local sub-registrar's office.

• You should pay stamp duty and registration fees at the time of registration.  

• After the transfer is registered, you should update the property records to reflect the new owner's name.

• Be aware that gift tax or capital gains tax can be applicable on such transfers.

Remember that laws and procedures can vary from state to state in India, so it's recommended to seek a legal expert for property transfer from father to son. This should help you know

how to transfer property from father to son before death.

Hi Friend,

In 2006, my father spent Rs. 6 lakh on a Navi Mumbai apartment. He is now 67 and retired, receiving a sum of Rs. 2.25 lakh annual pension. We were interested in learning the regulations governing the property transfer from father to son because my father wishes to put this same apartment in my name. I went to a property lawyer to acquire his opinion.

As a result, he advised that immovable property transfer to son may be regarded as a gift. According to the Transfer of Property Act, a registered instrument (gift deed) signed by the person gifting the property must be used to effectuate the transfer of real estate as a gift. 

The amount of stamp duty due on a gift deed is the same as it would be for a typical sale. Gifts from father to son are included under the exception for some relatives, nevertheless. Up to May 16, 2017, the cost of the stamp duty in Maharashtra on such a transaction was capped at Rs 200. The stamp duty now charged will be 3% of the transaction's market value.

I have gone through Apurva’s answer about the procedure for transfer of property from father to son. I completely agree with her as my lawyer recommended the same thing. The gifting of property must be supported by a registered instrument or document that is signed by or on behalf of the donor. The gift deed from a father to a son must also be witnessed by two or more people.

I would like to conclude my discussion here about the property transfer from father to son. I hope this helps:)

Read More:

The father can transfer the property by executing a registered gift deed. Now, let’s talk about the procedure to transfer property from father to son.

• Under the Transfer of Property Act provisions, the transfer of property as a gift will have to be backed by a registered document or instrument, signed by the father (or on his behalf) and it needs to be attested by minimum 2 eyewitnesses.

• This means that you can’t simply make a decision of gifting property without doing the legal formalities if you want to make the transaction legally binding.

• You are required to register the gift deed in the office of the sub-registrar, following the due procedure.

• After that, the registrar ensures that suitable stamp duty has been affixed on the document/gift deed when you show it during the registration.

• The amount of registration charges and stamp duty payable, for a gift deed, are usually the same as the sales deed.

Alternatively, the father can transfer the property on the basis of will. In this option, the father writes a will in the son’s name. The son gets the property after the father’s death.

I hope now you know how father to son property transfer is done!