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Puneet (Software engg)     19 September 2014

Will or gift deed .... which one is safe and less costly

 

Hello ,
My friend is going thru one peculiar situation and would like to take advice . The situation is :

My friend's mil wanted to give one under constructed property to her daughter ( friend' wife ) in ghaziabad .
This property is in Mil name and is in office society for which she took look from government ( she is govt servant ).the loan is not fully paid as yet .

Now the problem is how she should transfer it to her daughter name . The solution comes to my mind are following :
(1) get her daughter name added to society as a co-owner and during registration of flat mother and daughter are owner . After that she can write a will that her share will be handed over to daughter . How much extra she has to pay apart from 7% of flat value to get will registered ?

Is the will full proof and her son cannot claim anything in that flat ?will there be issue selling a flat when mil is alive or once she is no more ? 

(2) the other option would be once getting the flat registered on both name .... Give gift deed to her daughter . But then the issue is since the flat is still on loan can it be possible to give it as gift . Also even once she paid off the loan and after that give it as gift then is it that it again needs to be registered on her daughter name alone . 

Please advice


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