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ganapathy (NIL)     02 June 2014

Legal will vs gift deed

Dear experts, 

 

I have a query which I hope you can assist with:

 

1) I legally transferred ownership of a flat I owned ( that I had bought outright with my money) to my mother some 15 years ago. The flat is currently unoccupied pending demolition and a new development. My now aged mother lives with me in another house that I own. Recently she advised me that she wishes to will the flat back to me ( and nominate a fixed sum of money to be given to my two sisters). She also said that it is her desire to draft such a will So that there is no dispute after her time. My query is whether my sisters can lay claim to share in the property (the above mentioned flat) if a) my mother dies without leaving a will and b) my mother dies after leaving behind a will nominating me as beneficiary to the flat. 

2) Also does her will ( when she writes one) need to be registered and what are the advantages of registering. 

3) what are the cost implications if she were to gift the flat to me when she is alive ( through a gift deed) As opposed to leaving behind a written will nominating me as the beneficiary of the flat in her will ( after her ) - in terms of government fees and duties? 

I look ok forward to hearing from you.

Regards

Gana



Learning

 1 Replies

Laxmi Kant Joshi (Advocate )     02 June 2014

If your mother dies without making a will then the whole property will divided equally in between you and your sisters , if your mother died after making a valid registered will then you are the only owner of that property, if your mother wants to give you her property during her lifetime then registered gift deed is the best option, in gift deed you have to pay 1% stamp fee of the total value of the property as per circle rate/govt.rate of that area and 2% registration charge on total valuation of the plot . registered gift deed is a safe mode to transfer of property.

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