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WHi Everyone,
I’m seeking legal advice — ideally from someone with experience in property or family law — about a **property transfer taking place during a family partition (batwara)** in **Maharashtra**.
# Background:
* The land was originally purchased by my **grandmother**.
* After her passing, *haq chhodna babit* was done by my **uncle and bua**, who gave up their rights to the property.
* As of now, the property is jointly owned by **three brothers**, one of whom is my **father**.Now, as part of a **family partition (not just land partition)**, we want to transfer full ownership of this property to my father (and eventually to me), and we’re looking to do this while minimizing legal and tax burdens.
We are considering the following options:
1. **Complete purchase** – Buying out the other brothers’ shares.
2. **Haq chhodna babit** – Relinquishment of rights within the family.
3. **Gift deed** – Transferring the shares as a gift to my father.# Our Goals:
* Use the **family partition context** to **legally minimize** or **avoid** stamp duty and income tax, if applicable.
* Ensure that in the **future**, only my **father’s** or eventually **my** signature is required to **sell the property**, without needing an NOC from other family members.# Looking for Guidance On:
* The best legal route among the three options during a **family partition**.
* Stamp duty or tax implications under **Maharashtra law** for such a transfer.
* Any documentation or legal precautions we should take to protect rights and ease future sale.Would be grateful for any help or guidance from those who’ve gone through similar situations or from qualified professionals. Thank you in advance!
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