MY MOTHER HAVING A 2 BHK FLAT ( 800 SQ FT ) AT KOLKATA. MY FATHER IS NO MORE. MY MOTHER WANTS TO GIFT THE FLAT TO ME AFTER HER DEATH. I HAVE ONE BROTHER AND HE STAYS SEPARATELY FROM US.
Q1. WHICH WILL BE THE BEST POSSIBLE ( TRANSPARENT ) WAYS SO AS I CAN BECOME THE OWNERSHIP OF MY MOTHERS FLAT AFTER HER DEATH. DOES MY MOTHER MAKES A GIFT DEED TO ME OR WILL SHE PROCEED TO MAKE A WILL . IF SHE MAKES A WILL THEN SHALL I FACE ANY KIND OF OBJECTIONS FROM MY MOTHER AT THE TIME OF TAKING PROBATE. ?
Q2. WHAT ARE THE CHARGES FOR MAKING A GIFT DEED ? i.e. WHATS IS RATE OF STAMP DUTY, REGISTRATION CHARGES, CLERICAL CHARGES. DOES ALL THIS CHARGES ARE LEVIED ON THE VALUATION OF THE FLAT ?
Q3. IF MY MOTHER MAKES A GIFT DEED IN FAVOUR OF ME THEN CAN MY BROTHER CHALLENGE THE GIFT DEED IN PRESENCE OR ABSENCE OF MY MOTHER.
MY MOTHER IS THE SOLE OWNER OF THE FLAT AND SHE HAVE NOT INHERITED IT FROM HER INLAWS. IT WAS BOUGHT BY HERSELF ONLY.
PLEASE ADVICE.
