LIVE Online Course on NDPS by Riva Pocha and Adv. Taraq Sayed. Starting from 24th May. Register Now!!
LAW Courses

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Vishwajeet   22 September 2016

Property transfer through gift deed or will ?

My Mother wants to transfer our family house in my name. I have three sisters also. Should we execute registered gift deed to transfer the property in my name or my mother write a will and get it registered. Which approch is better ?



Learning

 13 Replies

Kumar Doab (FIN)     22 September 2016

If mother is owner she can dispose the property she owns in her life time by  a valid deed.

While a valid  gift/sale deed shall confer ownership with immediate effect, WILL can be executed, after death of owner/testator.

 

 

 

 

1 Like

Vishwajeet   26 September 2016

Thank you for your reply Sir.

In case of registered will, later, do I need to take permission from my sisters to transfer the property in my name ?

Kumar Doab (FIN)     26 September 2016

A WILL even if registered can be contested.

In that case court shall grant probate.

However a registered WILL may not be set aside on the counts of authenticity.

The authority that has to transfer ownership on the basis of WILL may ask to get NOC from all legal heirs.

 

 

 

1 Like

Vishwajeet   27 September 2016

Thanks a lot for the clarification Sir. regards, Vishwajeet

adv nishant (Advocate)     28 May 2017

Mr Vishwajeet,

The said property can be transfered to yourself by way of Gift Deed or by way of Will ,only if the property as on date stands solely in the name of your mother , the pros and cons of will are as follows :-

Pros; there is no stamp duty chrages 

cons : the will can be changed at any later date, the will can be challanged, noc may be required tommorow for mutation etc.

Pros and cons of the registered gift deed

Pros ; absolute title beginig today, no requirement of Noc from other legal heirs in future,peace of mind

Cons : payment of stamp duty charges in accordance with the circle value of the property as on date.

 

regards

Vishwajeet   29 May 2017

Thank you very much Sir for the detailed clarification. Thanks & Regards

Kumar Doab (FIN)     30 May 2017

In case of gift deed in blood relations, relatives in many states, fee, charges may be negligible.

Check at SRO.

1 Like

Vishwajeet   31 May 2017

Thanks a lot for the update. The said property is a DDA Flat in Delhi. I will check it at Delhi Govt Website. Thanks & Regards

Kumar Doab (FIN)     31 May 2017

You are welcome.

Kumar Doab (FIN)     31 May 2017

Try and you can succeed to do everything on your own.

 

A senior and experienced and honest Vasika Nawees ( Deedwriter) can also draft the deed to your satisfaction.

 

1 Like

Kumar Doab (FIN)     31 May 2017

In case you feel any difficulty: Inquire in person locally for counsels of unshakable repute and integrity that specialize in revenue/civil.

This is the best you can do. Your elders of the family, well wishers, DBA officials, unions etc etc and guide and help you. 

One should preferably avoid inquiring Lawyers at online portals. There are unlimited threads at LCI also by querists that have been fleeced thru online portals.  

Kumar Doab (FIN)     31 May 2017

Members/querist have also posted good suggestions in many threads e.g;

 



https://www.lawyersclubindia.com/forum/Looking-for-a-leading-lawyer-in-coimbatore-150318.asp

1 Like

Vishwajeet   01 June 2017

Thanks a lot for your guidance Sir! Regards, Vishwajeet


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  



Post a Suggestion for LCI Team
Post a Legal Query