Gift deed
Querist :
Anonymous
(Querist) 10 December 2011
This query is : Resolved
dear expert
i have a client she is a widow she want to give a gift of her one residential property
to her daughter but i have a doubt as the property is still standing in her husband name who is already died so can she gift the property to her daughter
Shashikant V. Patil
(Expert) 10 December 2011
No , until and unless, the property is on her husband (late) name. First, as a legal heir the widow's name has to be entered in record then only she can go as per her wish.
V R SHROFF
(Expert) 10 December 2011
What property? Plot of land, a Residential house? a Flat in Co-op Society?/
Diff means for type of resi property. + how many legal heirs of deceased??
Advocate M.Bhadra
(Expert) 10 December 2011
Inform details the no.of legal heirs and successor of the said husband since deceased. If his wife and daughter are only legal heirs then his wife's share is 50% of the property and his daughter's share is 50%,so she can gift her 50% share according to Hindu Succession.
Devajyoti Barman
(Expert) 10 December 2011
If the property is self acquired property of the husband and she dies leaving only the widow and the daughter then the mother can gift her share in the property to the daughter.
The name in the Municipality record does not make any difference.
If there is more sons and daughters then also mother can transfer but only her share in the property and that of other co sharers.
Shailesh Kr. Shah
(Expert) 11 December 2011
Dear Author,
for further answer, you should disclose facts, as asked by learned experts.
Shonee Kapoor
(Expert) 11 December 2011
If she and her daughter are the only legal heirs, she can just give relinquishment deed in the favor of her daughter.
The property would then directly be transferred to the name of her daughter.
However, if there are more heirs, then it is a difficult issue.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
jeevan1950
(Expert) 12 December 2011
Yes i agree with Kapoorji! this is simple way rather than gifting it out. If there are more shares of property then she can relinquish her share in the name of daughter
Shailesh Kr. Shah
(Expert) 12 December 2011
But Mr.Kapoor, mother should have name in records.
