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 Remove one name from SPA, Most cost effective and easiest method?

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LazyCat666
post Jun 6 2023, 11:20 AM

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QUOTE(m2owner @ Jun 6 2023, 10:12 AM)
Hi, I need some help here.
Currently, I have a joint name property with my dad (still alive), but loan is under my name only.
FYI, we are not in bad terms, previously we purchased this property under joint name due to some reason. But now, my dad has given the consent to remove his name from the property/ transfer the ownership to me.
Is there any way to remove my dad's name from this property without involving too much cost (eg: lawyer fees, stamp duty, rgpt and etc).

1. What is the procedure if we do the transfer now? Can we do it without re-financing as the loan is under my name only.
2. If he write a will to transfer this property to my name, what will be the cost involved to exercise the will after he passed away?

I'm looking for a most cost effective method.

Thanks!
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1. Since the loan is only under your name, you can check with the bank whether they allow for transfer of your dad's share to you now without refinancing the loan. You will need to pay for the lawyer fees and stamp duty (50% waiver for parents & child) for the transfer. No rpgt.

2. The cost is approximately 5-8k depending how much assets your dad has.


LazyCat666
post Jun 7 2023, 08:33 PM

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QUOTE(m2owner @ Jun 7 2023, 02:12 PM)
Thanks both for the reply.
1. The stamp duty basing on SPA price or market value? This is consider as Love and affection transfer right?
2. Assume only this property, the fees to exercise the will is 5-8 k including lawyer fee?
If the property price continues to increase after a few years, then I will need to pay more to exercise the will for the transfer?

According to this website, https://www.iproperty.com.my/guides/transfe...y-members-76617 there is 100% exemption of stamp duty for first RM1 million. Is this still valid?
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1. Market value. Yes, love & affection.
2. Yes & yes but the increase shouldn't be a big sum la
LazyCat666
post Jun 7 2023, 08:35 PM

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QUOTE(LazyCat666 @ Jun 7 2023, 08:33 PM)
1. Market value. Yes, love & affection.
2. Yes & yes but the increase shouldn't be a big sum la
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For the stamp duty exemption, no official gazette as to date. So not applicable


 

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