Subhomoy Das (Retail Manager) 21 July 2018

Gift deed or will

My mother is a sole owner of a 2 BHK flat . Approx 850 sq ft Super built . It is located in a Metropolitan city. My father passed away 6 yrs back. The Flat was registered in my mother's name only around 20 yrs back. The flat is mutated in my mother's name only. She is the sole owner of the flat. All the taxes are paid up regularly and updated. Now my mother wants to transfer the ownership of the flat in my name . By what mode she can transfer it in my name ? I have one elder brother . He is married and doesn't keep any contacts with me and mother. 1. By executing a Gift Deed OR 2. By executing a WILL. If she executes a Gift deed in favour of my name then can she impose a condition in the gift deed that I will become the owner of the flat Only from the day when my mother will expire. I can't become the owner of the flat during her lifetime. Kindly advice

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4 Replies

Adv Deepak Joshi +917017821512 (Advocate) 21 July 2018

Your mother can make WILL.

Gift deed will cost you more while cost of registering WILL is very less as compared to Gift Deed.

SIVARAMAPRASAD KAPPAGANTU (Retired Manager) 22 July 2018

On one hand you are telling your brother is not in contact and on the other hand you seem to be apprehensive of his intervention in the matter ownership of your Mother's flat. If your brother wants to contest, he can do so whether it is Gift or Will.

Therefore, your mother of her free will, may execute a Will in your favour, which you need to get registered for which the cost is almost nil.

R.Ramachandran (Advocate) 22 July 2018

1. The Registered Gift Deed (which will involve payment of avoidable huge stamp duty on the value of the property) will take IMMEDIATE effect and the question of the same taking effect only after the death of your mother does not arise.

2. The WILL, which does not involve any cost whatsoever, will take effect only after the death of your mother. Registered WILL is always preferable.

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 22 July 2018

a will is a written legal document with a plan of distribution of your mother assets upon her death. Her executor, as named in the will, oversees this process, and notably, nothing in her will takes effect until after she die. One of the first benefits of a living trust is that it avoids probate.