Long story short, my mother would like to gift me a fully paid for, double storey terrace house in JB, Johor(market value around RM480k). We have 2 options to go about this:

To put this house in her will and I will inherit it when it’s time for her to go.

To gift it to me now, through normal S&P.

She has no qualms giving it to me now, provided I don’t sell it away before she’s gone, which I have agreed (I have 2 properties under my name). So the main consideration is to know which option involves the least amount of money (legal fee, stamp duty, potential inheritance tax etc.) to make it work. Your advices in this matter are greatly appreciated.

p/s: She has another property in Shah Alam (fully paid for, double storey terrace house, market value unknown) which she likes to leave it to my elder brother. But the situation is a bit different as this house is under both my mother and my elder brother’s name. So essentially she is gifting 1/2 of the house to my brother. In this case, again what is the most economical way to make it happen?

Hi bro/sis, if you all plan to be filial son/daughter, just put in her will. When she passes on the property will be transferred to your name. Provided no dispute. No Stamp duty, no S&P no legal fees. Just spend about RM 500 to put together a will at any legal firm.

If you ARE a filial son/daughter BUT want to secure your financial future RIGHT now to prevent any uncertainty (I recommend this). Prepare about RM 7.5k - 9k for the property transfer. About 5k legal fees and 2.5k Stamp Duty fees. Do get a few quotes from different lawyers. Remember to ASK for discount.

You may also opt to go to Land Office directly to D.I.Y to save on legal fees but there is a lot of procedure. So just leave it to the professionals.

Be sure to mention to the lawyer you can D.I.Y for this matter as it is NOT a Sales & Purchase matter but a name transfer to try to get a lower legal fee.

Please note that if this is your first property you MAY be entitled to EXEMPT stamp duty. (Check with lawyer) or 50% off Stamp duty (Love & Affection).

Freehold property will be faster (about 4-6 months) Leasehold properties will be slower (6-9 months).

i've done that transfer my Mother house to me directly... Just go to Pejabat Tanah, fill up form 14a (if not mistaken) and go to LHDN for Quotation of Stamp Duty... All in about 1 month +...

If compared to amount to be paid... i think if inherit (is using Pusaka kecil) is less amount paid compared to that directly transfer.

There's no stamp duty for transfer of property from a father or a mother to his/her legal sons/daughters.

They call this "Pindah harta secara kasih sayang".

This post has been edited by Stamp: Feb 28 2019, 04:54 PM

Does this apply for the reverse? I have a property that I may need to sell to my mother, but we do not want to spend huge amounts of lawyer fee.

Sorry, I need to correct myself.

There’s only 50% exemption of stamp duty for transfer between parents to child and vice versa.

https://malaysiahousingloan.net/transfer-pr...perty-transfer/

you can apply refinance and perform the transfer via MOT ( memorandum of transfer ). MOT fees can deduct from loan account.