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Release/gift to daughter in law by mother in law

Querist : Anonymous (Querist) 11 April 2024 This query is : Resolved 
Mr.X died in an accident. His legal heirs are his mother, wife and two children as per legal heir certificate. He had one house and two shops in tamilnadu. His mother wants to transfer her unapportioned share in the above properties to her daughter in law (Mrs.X) . Mr.X also have his father, elder brother and younger sister. I want to know whether Mr.x's mother transfer her share in the above property to Mrs.X in what type of transfer whether by release or gift. Mr.X and Mrs.X are not blood related. What is the stamp duty pertaining to the release/ gift. Which type of transfer is legally possible
T. Kalaiselvan, Advocate (Expert) 11 April 2024
Mr. Z's mother is a co-sharer to the properties left behind by her deceased son as one of the legal heirs hence she can very well transfer her undivided share in the proeprty either by a settlement or gift deed or a registered release deed in favor of her daughter in law (Mrs. X). The class I legal heirs of deceased X are his wife, children and mother alone, neither his father nor his siblings come under class In legal heirs.
kavksatyanarayana (Expert) 11 April 2024
Yes. I agree with the advice of the above expert Mr.T.Kalaiselvan Sir.
Advocate Bhartesh goyal (Expert) 12 April 2024
Mother of Mr " X " is also legal heir alongwith his wife and children so property rights also devolve to her, she can legally transfer her undivided share in properties belonged to Mr " X " through registered gift deed/release deed to her daughter in law.


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