Lawyer is saying no need of Sale deed

[Rapidrider4470]

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Rapidrider4470
PARTICIPANT
March 27, 2025 at 3:43 pm

Hi my dad has a flat and want to make a sale deed so that I can get after him. I am his only child. But lawyers are saying that there is no need for sale deed since my dad has one child only and there won’t be any legal complications. Is it ok? Id sale deed is not required should I ask my dad to make a will?

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[Supersajal3006]

S

Supersajal3006
PARTICIPANT
March 27, 2025 at 3:51 pm

NAL

If he is willing to give you the property then it’s not a sale. It’s a gift deed. Sale means there are taxes to be paid.

After his life, what happens to his property is defined by his will. Your mother also has rights on the property remember. He can decide to give it to anyone else too.

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[Lavanyabro181]

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Lavanyabro181
PARTICIPANT
March 27, 2025 at 3:52 pm

How did your father buy without sale deed?

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[Amayaknight117]

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Amayaknight117
PARTICIPANT
March 27, 2025 at 3:55 pm

Make a gift deed

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[Braveninja1446]

B

Braveninja1446
PARTICIPANT
March 27, 2025 at 4:10 pm

In between father son only gift deed or legal heir work

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[Expertumang5984]

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Expertumang5984
PARTICIPANT
March 27, 2025 at 4:13 pm

Gift Deed has charges. Since he is the only child a registered will is sufficient.

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[Abhijeetrider890]

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Abhijeetrider890
PARTICIPANT
March 27, 2025 at 4:16 pm

Bro you will inherit everything after your Father’s death so no need of anything.

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[Purvastar696]

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Purvastar696
PARTICIPANT
March 27, 2025 at 4:18 pm

1. If it’s about you inheriting it – a will has to be drafted, registered and later has to be probated for you to inherit all mentioned in it.
2. In other event if he wants title and ownership to move to you in his lifetime then it has to be via gift deed.
3. Also, if there is no will, a lot of considerations have to be made with respect to surviving heirs. This will also be governed by the personal laws which will apply to you. Especially for determination of heirs.

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[Shirleythinker961]

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Shirleythinker961
PARTICIPANT
March 27, 2025 at 4:29 pm

He’s right. There’s no need for it

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[Braveseeker242]

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Braveseeker242
PARTICIPANT
March 27, 2025 at 4:30 pm

You need will and not sale deed

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[Happyguru6095]

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Happyguru6095
PARTICIPANT
March 27, 2025 at 5:46 pm

if you need your name in document then I would suggest to get a settlement deed from your father to your name.

Registration charges of settlement deed is 1% or max 25k only.

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[Megastar1507]

M

Megastar1507
PARTICIPANT
March 27, 2025 at 5:56 pm

i guess you are talking about gift deed. You can do that or make sure your father has a registered will so that there will be no issues after him and you can easily inherit the same. But going through gift deed route is easier

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[Cleversajal8453]

C

Cleversajal8453
PARTICIPANT
March 27, 2025 at 6:04 pm

A sale deed will mean paying of almost 6% of property value as taxes/charges/duty and showing an entry equal to the value of the sale.
In case of Hindu Succession, the widow and the children naturally inherit the property without paying any duty.

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[Megaprashant4593]

M

Megaprashant4593
PARTICIPANT
March 27, 2025 at 6:23 pm

Clarify the situation.

1. Your father wants to transfer the property to you – then he shoud execute a gift deed in your name and you register the property in your name.

2. You want to inherit the property after your father’s death. In this case your father should make a will naming you as the beneficiary for the property (include the property details in the will), Having a will will make it easier to complete the paperwork to transfer the property. In the absence of the will – resolving the paperwork will require more time and money.

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[Shashankbear227]

S

Shashankbear227
PARTICIPANT
March 27, 2025 at 7:26 pm

Sale Deed between father and son is unnecessary and would incur excess stamp and registration fee. You can do it through a Gift Deed or Settlement Deed which would cost lesser stamp duty and registration fee.

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[Propanda7415]

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Propanda7415
PARTICIPANT
March 27, 2025 at 7:34 pm

You need gift deed not sale deed

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[Salonipanther485]

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Salonipanther485
PARTICIPANT
March 28, 2025 at 2:45 am

You wouldn’t require a sale deed. Get a registered will. Once he passes get it probated.

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[Aravhero991]

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Aravhero991
PARTICIPANT
March 28, 2025 at 2:57 am

AT LEAST have a will made and have it registered in sub registrar office.

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[Indianshark1654]

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Indianshark1654
PARTICIPANT
March 28, 2025 at 3:30 am

if you’re in UP get ownership transfer via Gift Deed. (Cheaper, 10k-20k)

You can get just will done, but then later you’ll need to register it under your name before selling it to someone else) (same cost as sale deed ~3-5% of property cost)

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[Vandanashark196]

V

Vandanashark196
PARTICIPANT
March 28, 2025 at 6:42 am

Learn to trust the professional whose experience and expertise made you go to him.

It’s a gift/inheritance so sale deed is rightly not required.

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