Property Transfer Rules: What is the process to transfer the house bought in the name of the elder son to the younger son? Is it legally possible to do this? Know the important thing.
Legal rules have been set for everything in India. The law is also very clear about property. When a property is purchased, the name in which it is registered is legally its owner. After this, if the property has to be transferred to someone else, then there are different provisions for that too.
Often, people get the names of children registered while buying property. Some do it in the name of their elder son. Some in the name of the younger, some in the name of the wife. The father has the legal right to get his purchased property registered in the name of any son or family member.
Now the question arises that if the house has already been registered in the name of the elder son and the father now wants to give it to the younger son, then is it possible? If yes, then what is the legal way for this, and what is its process? Let us tell you.
Indian law gives the option of a gift deed. If the father is alive and the property is under his control, then he can transfer the house to the younger son through a gift deed. For this, stamp duty and registry fees have to be paid. This method is considered the easiest and practical.
The second way is of sale. If the father wants, he can get the house registered in the name of the younger son even by paying a nominal price. However, this process is considered more expensive than a gift deed. Therefore, people rarely adopt it.
But if the house is completely registered in the name of the elder son and the father himself has given up the ownership rights. Then the younger son cannot become the owner without the consent of the elder son. It is important to understand this because this often leads to disputes in families.
That is, if the property is purchased in the name of the elder son and the elder son does not want to transfer it, then the father has no option to transfer the property in the name of the younger son. Therefore, it is important to keep this in mind while naming the property.
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