Gift deed
Umesh Kaushal
(Querist) 17 November 2014
This query is : Resolved
Dear All,
My father who expired recently had a registered will mentioning that after his death his immovable property should go to his wife & after the death of my wife, it should be equally divided to my three children. My mother wants to gift this property equally to her children in her lifetime immediately instead of writing a will through a gift deed. Is it possible to make a gift deed in our name on the basis of the will only or any other formality is to be done before this?How much stamp duty is attracted on this in Delhi
Regards
uk
Anirudh
(Expert) 17 November 2014
From the way in which you have given the contents of the WILL left by your father, your mother is not empowered to dispose of the property (either by making WILL or GIFT or sale etc.) during her life time.
Therefore, the question of your mother making any GIFT Deed simply does not arise. If your mother makes any GIFT etc., the same will not be valid.
It is only after her life time, the three children will get the property equally as per the WILL of your father. YOUR FATHER SEEMS TO BE A VERY WELL CLEVER MAN - he has adequately protected his wife by giving the property to her for use by her during her life time!!!
Advocate M.Bhadra
(Expert) 17 November 2014
If your father executed a Deed of Gift to your mother or left a WILL which was duly granted by the Court in a Probate Case then your mother became absolute owner.In this situation she can execute a Gift Deed in your fafour.
On the other hand if the said WILL not yet granted by the proper court of laws and your father died intestate and left the property in his own name then you have all equal share and mother can transfer her proportionate share only.
Umesh Kaushal
(Querist) 17 November 2014
Sir,
The exact contents of the will are"I have my wife...., two married sons.... and one married daughter.... as my only legal heirs. I am the law full owner of the built up property....which is my self acquired property.
So long i am alive, I shall be the absolute owner of my immovable property, how ever , after my death , I wish that all my immovable property shall devolve firstly in favor of my wife.... and after her death ,the property... shall be divided in three equal shares amongst my a fore said two sons and one daughter."
Sir,
May I please know how can my mother legally become eligible to make a WILL/gift Deed in our favor.
ajay sethi
(Expert) 18 November 2014
your mother merely has life interest in the property . your mother cannot execute gift deed in favour of her children
T. Kalaiselvan, Advocate
(Expert) 19 November 2014
Expert Mr. Anirudh has very clearly explained the perfect legal position that exist in your case. Thus, any transaction on the property shall be only after the life time of your mother and not before that. This has been confirmed by the repeat contents of your subsequent post.
c.p.s. ramachary
(Expert) 25 November 2014
Your mother is given only enjoyment rights in the property bequeathed.Hence she cannot have rights of transfer by way of gift to others than what was the will expressed by the testator.
Umesh Kaushal
(Querist) 25 November 2014
Dear all.
I have been advised by someone that my mother can make RD in favour of all children, means myself,my brother & sister. Then we can go for partition deed amongst three legal heirs.it it a true & legal procedure.
Regards
Anirudh
(Expert) 25 November 2014
Dear Umesh,
For some strange reasons, you seem to think, that you can get the property in your respective names before the death of your mother. PLEASE TAKE IT, THAT CANNOT HAPPEN SO LONG AS YOUR MOTHER IS ALIVE.
You may like to read the WILL left behind by your father umpteen number of times and see a favourable position for you, but unfortunately, we dispassionate persons, are clear that your mother has only life interest and neither can sell, nor gift, not donate, nor relinquish the property during her life time. FULL STOP.
