Property FAQ's

Q:- What are the best legal methods to transfer property to family members—Will, Gift Deed, or Sale Deed?

Gift Deed: Immediate transfer while the owner is alive. Must be registered and attracts stamp duty (though in many states, gifts to certain relatives are charged nominal duty). Irrevocable once executed.

Sale Deed: Involves consideration (payment). Used when the transfer is a sale, not a gift. Attracts full stamp duty and registration charges.

Will: Transfer takes effect after the owner's death. Can be changed anytime during lifetime. Needs probate in some states. Stamp duty is not payable during execution, but legal heirs must get mutation done later.

Best choice depends on situation:

Immediate, irrevocable transfer → Gift Deed
Post-death transfer without losing control during lifetime → Will
Sale with payment → Sale Deed

Q:-What is the role of an SMC (Surviving member Certificate) and in which cases is it needed?

Purpose : Issued by local authorities to list legal surviving family members of the deceased.

When Needed:

For mutation of property in municipal or revenue records.
For transferring utility connections, bank accounts, insurance, or pension.
When there is no registered Will and heirs need proof of relationship.

Q:-What is the difference between DDA Mutation and MCD Mutation?

DDA Mutation : Done with Delhi Development Authority / Land owning agency for properties originally allotted/leased by DDA. It updates DDA’s ownership records.

MCD Mutation : Done with Municipal Corporation of Delhi to update property tax records in the name of the new owner.

Both are separate and often both are required — DDA mutation changes allotment records, MCD mutation changes municipal tax records.

Q:-Can a property be converted to Freehold on the basis of an Agreement to Sell/GPA?

Yes, DDA and other government authorities require have different policies and ATS and GPA are accepted in many cases

Q:-What is the difference between a Release Deed and a Relinquishment Deed and is there any difference in stamp duty ?

Release Deed : Used when one co-owner releases their share in favour of another co-owner. Often in jointly purchased properties.

Relinquishment Deed : Used when a legal heir gives up their share in inherited property in favour of another heir.

Stamp Duty : In most states, both attract the same duty (often nominal if between family members), but terminology changes based on the nature of ownership.

Q:-Is It Possible to Transfer Property Through GPA? If Yes, How?

A GPA alone does not transfer ownership.

However, GPA can be used to manage, lease, or sell property on behalf of the owner.

If the GPA holder sells the property, they must execute a registered Sale Deed in the buyer’s name. Only then is ownership transferred.

The Supreme Court judgment in Suraj Lamp & Industries v. State of Haryana (2011), confirmed that GPA , Agreement to Sell etc. does not transfer ownership — it’s only a power to act on behalf of the owner.

Q:- Can a Will Be Executed on the Basis of a GPA?

No — making a Will is a personal act and cannot be delegated to a GPA holder.
The owner themselves must sign and execute the Will.

Q:- Is It Mandatory to Register a Lease Deed? If Yes, Under What Conditions?

Under the Registration Act, 1908, lease deeds for 12 months or more must be registered.
For leases less than 12 months, registration is optional but advisable for legal enforceability.
Registration ensures the lease is legally valid and admissible as evidence in court.

Q:- Do I still need a Will if I’ve already done nomination in my Bank or Demat Account?

Yes, having a Will is still important—even if you have nominated someone for your bank account, fixed deposits, or Demat account.

Why?

Nomination in bank accounts or financial investments simply allows the nominated person to collect the money or assets after your death. It does not automatically make them the legal owner of those assets.
The nominee acts more like a "caretaker" who can claim the money from the institution, but the money legally belongs to your heirs as per your Will or the succession laws.
If you don’t have a Will, the assets may be passed on according to general inheritance rules. This can sometimes lead to confusion or disputes among family members.

A Will clearly states who should own your money, shares, property, or valuables after your demise and helps avoid future complications.

Having both—a Will and proper nominations—ensures your wishes are followed and makes things easier for your loved ones.
Nominating someone is helpful for quick access, but a Will is essential if you want to decide who actually gets ownership of your assets after you’re gone. Both together give your family clarity and peace of mind.

Q:- Is it necessary to get a Will registered?

No, it is not mandatory to register a Will in India. A Will is legally valid as long as it is properly written and signed by you in the presence of two witnesses, even if it is not registered with the government.

BUT, it is preferable & suggested to get it registered as it has more authenticity. Many government departments give preference to Registered Will.

Why do some people choose to register their Will?

Registering a Will gives a more official protection — it makes it harder for anyone to tamper with or lose the document.
If there is ever a dispute among family members, a registered Will can make things clearer and help avoid arguments.
Registration helps prove that the Will was made willingly, adding extra authenticity.

Registration is not a must, but it can provide extra security. Making the Will properly is what matters most, and whether or not you register it, make sure the Will is signed and witnessed as required by law.

Q:- Does a release of share in property by co-owners to a family member constitute a “gift” or a family arrangement under stamp law?

Relinquishment deeds among family members to settle property rights are family arrangements, not gifts, and are not subject to stamp duty applicable to gift deeds.

Property FAQ's

Gaurav Documentation