SUSHIL MADHUSUDAN BAPAT 03 August 2018

Gift property mother to daughter

MY MOTHER IN LAW AND FATHER IN LAW MADE WILL LONG BACK () MY WIFE HAVE ONE BROTHER WHO IS NOT NOW STAYING WITH US (() ENTIRE PROPERTY BOTH HAVE GIVEN BY WILL TO MY WIFE () NOW PROPERTY WAS TENANTED AND ITS NOW REDEVELOPED () IS THERE ANY RIGHT OF SON ON SAID PROPERTY () ALSO MY MOTHER IN LAW IS NO PATIENT OF HILF SIDE RIGHT PARALATIC AND CAN NOT DO ANY THING (() NOW AS PER HER WISH SHE WANT TO MAKE GIFT BUT NOW DUE TO MEDICAL REASON SHE CAN NOT TALK OR WRITE () MY DAUGHTER HAVE POWER REGISTERED WHERE IT IS WRITTEN POWER FOR ALL DEEDS () WHAT IS THE SOLUTION NOW TO MAKE GIFT (_) ONE PROPERTY MOTHER IN LAW AND MY WIFE HAVE 50% RIGHT ANOTHER MY MOTHER IN LAW FATHER IN LAW AND WIFE HAVE RIGHT ON REDEVELOPED PROPERTY () PLEASE ADVICE

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5 Replies

Vijay Raj Mahajan (Advocate) 03 August 2018

Your daughter who has power of attorney can get the gift deed made on behalf of the principal whose GPA she holds. The gift deed will be registered and it will be signed by the attorney on behalf of the principal for her share of property only in the gift deed.

Kumar Doab (FIN) 03 August 2018

Apparently your father in law and mother in law are owners/title holders and that is why they have signed WILL and then PoA.

Who has given the property for tenancy and re-development?

The Principle (your father in law and mother in law) or agent (your daughter).

The WILL stands unless cancelled/changed by testator (your father in law and mother in law).

The WILL operates after death of testator.

Does the said PoA vests any power on agent to dispose by Gift?

Kumar Doab (FIN) 03 August 2018

GO thru;

THE REGISTRATION ACT, 1908;

31. Registration or acceptance for deposit at private residence

40. Persons entitled to present wills and authorities to adopt

42. Deposit of wills

Request the registering authority to register per procedure (WILL or Gift).

The WILL can be registered after death as well.

A registered WILL is usually not set aside atleast on counts of authenticity.

Kumar Doab (FIN) 03 August 2018

Preferably approach a very able senior LOCAL counsel of unshakable repute and integrity specializing in Testamentary/Civil and well versed with latest citations, LOCAL applicable rules/laws/ … and having successful track record…. and worth his/her salt…..and show the documents/evidence for a considered opinion..and proceed further under expert advice of your counsel to handle say; contest, challenge in future..to WILL, Gift

At each location three are some counsels that specialize in such matters and they are well known.

Check for such counsels at LOCAL Civil courts, HC, SC……

Chose as per advice of your very able LOCAL counsel as already suggested