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Karthiraj (SE)     25 July 2009

Son Gift Deed Flat to Mother

Hi,I have a purchased a flat which is under home loan, I want to close the home loan and gift deed the flat to my mother. I'm married and don't have any other property. Since domestic disputes are happening, enforcing my mother to leave the home. I would like to gift deed the property to my mother so that she can permanently & legally stay there without any pressure. Will this have any legal implications in future from my wife or in-laws? Please advice if not gift deed what is best way to trsfr property to my mother's name. Thanks.

 



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 4 Replies

A V Vishal (Advocate)     25 July 2009

Karthik

There is no problem if you execute a gift deed to your mother, but it must be registered. In your query you have not stated how many children your parents have, since once you gift it, all your siblings will have claim over the property, and you may end getting a share after her death, you have also claimed that in case you gift the property what will be the disputes with regard to your wife and in-laws, your query is unclear whether there are any ongoing disputes, in absence of the facts it will be difficult to advise

1 Like

Karthiraj (SE)     26 July 2009

Thanks Vishal...Yes I have a younger brother. Regarding the disputes, currently there is no legal disputes, but there are domestic problems like asking my mother to leave the house.

A V Vishal (Advocate)     26 July 2009

Karthiraj

Gift deed is the best solution since it can be done quickly without legal hassles and also the stamp duty and registration charges are less and affordable. But after the death of the mother, your younger brother too will have a claim in the property, personally I am not against it, but, this I feel can further create problems and misunderstandings with your spouse. Moreover, you have certain duties and responsibilities towards your wife and kids, so think twice before jumping into conclusions.

1 Like

karthikeyan (Software Engineer)     04 January 2014

Best is gift deed.

[1] State the reason for gift in the deed. 

[2] Keep the condition to revoke or suspension

A gives a field to B, reserving to himself, with B's assent, the right to take back the field in case B and his descendants die before A. B dies without descendants in A's lifetime. A may take back the field.

https://www.advocatekhoj.com/library/bareacts/transferofproperty/126.php?Title=Transfer%20of%20Property%20Act,%201882&STitle=When%20gift%20may%20be%20suspended%20or%20revoked

 

this resolves your problem. Your wife cannot ask mum to vacate the house. Once she dies, the property is back to you

       


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