gita (self) 21 July 2014

Will the property I had bought be automatically be transferred to me?

I bought two houses before marriage with the money I had earned in USA - One in bangalore and another in Chennai. I had registered it under my mother and my name. Can someone please clarify the 2 points below:

1) My father passed away recently and my mother is also getting old. Can someone please let me know what will happen if my mother also passes away. Will the 2 houses automatically be transferred to me (or) is there any papers / process involved to make sure the houses are transferred to me an event something happens to my mother.

2) Also, I want to add the name of my husband to the 2 houses. Can someone please let me know the best way to do it.

Thanks,

Gita

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4 Replies

ADV-JEEVAN PATIL, MUMBAI ( DEEMED/CONVEYANCE OF BUILDING) 21 July 2014

1) if joint name,it will be exclusively on ur mame since u have purchased it with own money 2) u can freely do so If u need further advise my contact is jeevansci@yahoo.com.

Arpit lalan (Legal Consultancy/Advocate) 27 August 2014

Hi Gita,

Since your mother is getting old and if it is in Joint name then the Flat would come to you assuming you have purchased it with your own income. self -acquired property as per LAW.

However, please please do the foll:-

1. Tell your mother to make a will and devise and bequeth (distribute) all assets (immovable and movable correctly) as per her wish

Arpit lalan (Legal Consultancy/Advocate) 27 August 2014

Also, alternatively look at the option of formin a gift deed and gifting her share to your husband. this way you and your husband are the flat owners.

Do not forget that stamp duty @ 2% has to be paid in case of Gift deed.