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Ramalingam Kalirajan |7159 Answers |Ask -Follow

Mutual Funds, Financial Planning Expert - Answered on May 01, 2024

Ramalingam Kalirajan has over 23 years of experience in mutual funds and financial planning.
He has an MBA in finance from the University of Madras and is a certified financial planner.
He is the director and chief financial planner at Holistic Investment, a Chennai-based firm that offers financial planning and wealth management advice.... more

Question by Ranji on Mar 11, 2024Hindi

Money

I am in possesion of a flat jointly owned by mother and me in Navi Mumbai, where my mother is the first applicant and I am the second applicant. My mother is aged and she wants to transfer her 50% share to me. She has her nomination registered in favour of me in the housing society. I want to know whether we have to register a gift deed to transfer her rights or the nomination paper is sufficient.

Ans: In this situation, while the nomination paper registered in your favor with the housing society indicates your mother's intent for her share of the flat to be transferred to you in the event of her demise, it may not be sufficient to legally transfer her ownership rights to you while she is alive.

To transfer her 50% share of the flat to you during her lifetime, it's advisable to execute a gift deed. A gift deed is a legal document that formally transfers ownership of property from one person to another without the exchange of money. By executing a gift deed, your mother can legally transfer her share of the flat to you, and the deed will serve as evidence of the transfer.

Consulting with a legal expert or a property lawyer experienced in real estate matters would be prudent to ensure that all legal requirements are met and to facilitate the smooth transfer of ownership rights. They can guide you through the process and help draft and register the gift deed according to the applicable laws and regulations in Navi Mumbai.

DISCLAIMER: The content of this post by the expert is the personal view of the rediffGURU. Users are advised to pursue the information provided by the rediffGURU only as a source of information to be as a point of reference and to rely on their own judgement when making a decision.

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Hello Mihir, Hope this mail finds you welI ! I purchased a flat jointly with my father in 2008 for 14 lacs. I am the first owner. My father passed away in 2014. Now I want to sell this flat for approx. 40 lacs. I have below queries : 1) I have 1 brother & my mother, will I have to do some legal documentation to transfer their rights to my name ? What is this process & how much time & money it takes ? 2) Will it be advisable to sell the flat by transferring full share in my mother’s name ( Sr. Citizen) to save tax ? 3) How much will be tax in my mother’s case and also if I sell the flat in my name ? 4) How can we save the taxes ? Thank you in advance

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Hello Sir, Hope this mail finds you welI ! I purchased a flat jointly with my father in 2008 for 14 lacs. I am the first owner. My father passed away in 2014. Now I want to sell this flat for approx. 40 lacs. I have below queries : 1) I have 1 brother & my mother, will I have to do some legal documentation to transfer their rights to my name ? What is this process & how much time & money it takes ? 2) Will it be advisable to sell the flat by transferring full share in my mother’s name ( Sr. Citizen) to save tax ? 3) How much will be tax in my mother’s case and also if I sell the flat in my name ? 4) How can we save the taxes ? Thank you in advance

Ans: 1. A NOC from your mother and brother will certainly help for sale and avoiding future disputes. NOC is a simple process with no major complications.
2. Transferring the flat from you to your mother will entail a stamp duty cost depending upon where the property is located.
3. Selling in your mother's name will increase the slab limit by certain amount so that is better but stamp duty as referred above will be applicable.
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Hi I purchased a flat, by a bank loan, for my elderly mother many years ago. The flat is jointly in my name and her name. I am a nominee on the flat. The understanding was that she was meant to will her share of the flat to me. But given the difficulties in our relationship recently, I have no way of knowing if she has done so and maybe she has willed it to my sisters. In order to ensure that the flat eventually comes to me is having my name as nominee good enough, or do I need to pay stamp duty and transfer it entirely to my name. Most advice given to me suggests transferring the flat soon in order to avoid legal battles later.

Ans: If your name is mentioned in the agreement, then you dont have to worry. A will does supersede a nomination, but then she will be able to give away only her share (if shares are mentioned). There is no stamp duty that needs to be paid. After your mothers death, just apply for the process of mutation. I think i fee for the same is 1000 rs.

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Ans: Hello;

Your monthly sip value adds upto 1.3 L however you have claimed it to be 1.18 L. (Maybe a typo).

Existing corpus(19.35 L) and monthly sip (1.3 L) won't reach 5 Cr in 10 years.

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1. Increase monthly sip amount to 1.9 L.

2. Top-up current monthly SIP of 1.3 L by minimum 10% each year for 10 years.

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DISCLAIMER: The content of this post by the expert is the personal view of the rediffGURU. Investment in securities market are subject to market risks. Read all the related document carefully before investing. The securities quoted are for illustration only and are not recommendatory. Users are advised to pursue the information provided by the rediffGURU only as a source of information and as a point of reference and to rely on their own judgement when making a decision. RediffGURUS is an intermediary as per India's Information Technology Act.

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