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Arun Kumar Jha (Executive Secretary to JMD)     23 June 2015

Gifting of flat to daughter

My Ex office colleague is a 67 years christian lady. Her husband is living in Nagpur with his two daughters born from his earlier deseased wife. My friend, the christian lady is residing in Kolkata with her single dauthter born from her earlier deseased husband. The duo has mental disageement and they do not want to live together. My friend  had one son also who died around 10 years back leaving behind his muslim wife and one son. The widow of the deseased son is residing with her parents in Kolkata itself with her 18 year old son. The wife of the deseased son (the daughter-in-law of my friend) had got job in the company of her husband on compensatory ground and she is getting family pension also.

My friend, the christian lady, had purchased a flat in the year 2007 with her own savings and earnings. She now wants to give the flat to her daughter and does not want to give anything to her daughter-in-law and or her husband. The daughter of my friend is a school teacher and residing with her mother and and she looks after her. Please advise if my friend write a will in her daughter's name, will there be any problem at the time of registering or probating of the will. Should my friend gift the flat to her daughter through a registered gift deed or is there any other remedy with which the ownership right  of the flat can be transferred to her daughter only. Can the daughter-in-law, the husband and any other persons related to  my friend claim  the share in the property ?

Please advise.

Arun Kumar Jha

Kolkata



Learning

 2 Replies

Uday Kumar (Advocate )     23 June 2015

Hello Sir,

Please ask your friend to make a Gift Deed in favour of her daughter ,Consult a Local  Sub-Registrar office  and A Lawer who involve in the work of Sale Deed etc.

Regards

Uday Kumar

Advocate

Ezhil Bose (Advocate High Court-Chennai)     25 June 2015

Sir,

Please ask your friend to absoulutely gift or settle the property to her daughter. This will make her duaghter to be the absolute owner of the property. Further,after settling or gifting the property, since its a flat its also advisable to name transfer the Electricity Board payments and other tax payments related to property in the name of daughter from mother.


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