Gift deed or settlement deed.opponent is my a lawyer
ashwini
(Querist) 28 September 2013
This query is : Resolved
My parents stay separated without any legal documents.she had done registered will but since it can be challenged by dad v want to do settlement deed or gift deed. Which is good?she s 73yrs.stays with me past 6yrs. Am only daughter married for 11yrs. Registered Will done 12 yr back.can the witness be relatives whats the cost of both deed in karnataka. How to safe guard movable property.pls reply
ashwini
(Querist) 28 September 2013
Dad is my opponent and he is a lawyer.
R.K Nanda
(Expert) 29 September 2013
STATE FACTS CLEARLY.
R.K Nanda
(Expert) 29 September 2013
SETTLE AMICABLY BEING FAMILY MATTER.
Advocate Ravinder
(Expert) 29 September 2013
By your query, it seems that your mother is the owner of the property and she has written a registered will. Now you have get it through registered deed, as there are chances of modifying the registered will. And you dont want to give the property to your father, who is a lawyer.
You have not mentioned whether it is movable property or immovable property. If it is movable property, she can easily handover the same to you. A simple letter of handing over of possession is enough. Registration is not necessary.
If it is immovable property, your mother has to make a registered gift deed signed by two witnesses, preferably from other than family members. In Andhra Pradesh the stamp duty is 1% for gift deed. I do not know how much it is in karnataka. Confirm it by visiting local sub registrar office.
ABDUL RAZIQUE
(Expert) 30 September 2013
nothing to add after advice of Expert Ravinder.P
ashwini
(Querist) 30 September 2013
Thaks a lot . Ravinder sir. I would also like to know can dad challenge registered gift deed stating about mom s health? On contrary she s healthy. Shall i keep doc certificate handy before preparing the deed ? She s 73 yr. Is it true that only dad has rights for final rituals as per Hindu law, mom doesn't want dad to do this. Can i do the rituals being a girl?
ashwini
(Querist) 01 October 2013
Can my dad challenge gift deed too statinghealth or age related? Please reply to my previous quiry too
ashwini
(Querist) 01 October 2013
Can my dad challenge gift deed too statinghealth or age related? Please reply to my previous quiry too
Dr. Jyothi Vishwanath
(Expert) 29 September 2013
