Patta transfer – Gift Deed – Muslim civil law

I’d like to transfer my ancestral land property (on my deceased mother’s name) to my maternal aunt on humanitarian grounds in form a gift deed. According to Indian muslim civil law, is it permissible to transfer a land to aunt as a gift deed? If it’s permissible, then what would be the step by step procedure and how much would it cost in terms of stamp duty to transfer the patta to my aunt.

Legal Advice: Transferring Ancestral Land Property in India

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Permissibility of Transfer under Indian Muslim Civil Law

Under Indian Muslim civil law, the transfer of ancestral land to your maternal aunt as a gift deed is permissible. However, it is important to understand the specific provisions and requirements of the law to ensure a valid and legal transfer.

Step-by-Step Procedure for Transferring the Property

To transfer the property to your maternal aunt, you will need to follow these general steps:

1. Consult an experienced lawyer: Firstly, Seek guidance from a lawyer who specializes in property law and has expertise in Indian Muslim civil law.
2. Draft a gift deed: Secondly, Prepare a comprehensive gift deed that clearly outlines the transfer of the ancestral land property from your deceased mother to your maternal aunt. In fact, It should include all relevant details and terms of the transfer.
3. Execute the gift deed: Thirdly, Sign the gift deed in the presence of two witnesses who are not beneficiaries of the transfer. Moreover, Your maternal aunt will also need to provide her consent by accepting the gift.
4. Stamp duty and registration: Fourthly, Pay the applicable stamp duty as per the state regulations and register the gift deed with the appropriate authority. In addition, The stamp duty cost will vary depending on the state where the property is located.
5. Obtain the patta transfer: Finally, After completing the registration process, apply for the transfer of patta (title) from your mother's name to your maternal aunt's name.

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Cost of Stamp Duty for Patta transfer - Gift Deed - Muslim civil law

The exact cost of stamp duty for transferring the patta to your maternal aunt will depend on the state where the property is situated. In fact, It is advisable to consult a lawyer or visit the local sub-registrar's office to get accurate information regarding the applicable stamp duty charges.Please note that the above information is general in nature, and it is recommended to consult our legal professional who can provide personalized advice based on your specific circumstances and the laws applicable in your state.