govindk 18 October 2015

Transfer of property from mother to son

Hi
I am a NRI. I sent money to my mother to buy a house in her name.
After few years she sold it and bought a flat in Jaipur in 2012 in her name.
The flat is worth 35 lakhs.
I have one brother and two sisters.
Now my first queston is how to transfer property in my name. What are my options?

Second question is if we sell the flat and i send her another 15 laks and buy another flat for 50 lakhs can the new flat be registered in my name ? if yes then how ?

Thanks and Regards

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4 Replies

G.L.N. Prasad (Retired employee.) 19 October 2015

Either she can relinquish her entire rights in your favour or gift the property to you specifically stating that she is not having any income, and the property was purchased in her name by her son for the sake of convenience.

K. GOPALAKRISHNAN (ADVOCATE) 19 October 2015

Dear Govind,

Your mother can execute a settlement deed/gift deed in your favour. In any property to be purchased in your name, you can execute a power of attorney in your mother's favour and your mother can enter into a sale deed in the capacity as power of attorney holder of you and purchase the property in your name. In the absence of your mother, the property may devolve upon the legal heirs of your mother i.e., including your bother/sister. So act accordingly.

Dr J C Vashista (Advocate) 23 October 2015

Your mother should execute gift or sale deed in your favour for transfer of title of the property in your favour during her life time. However, she may execute a will in your favour so that the ownership rights of the Jaipur flat can be transferred in your name, otherwise, your brother(s) and sister(s) have equal right.

If she (your mother) wants to purchase a new flat after including sale proceeds of present flat, she has to sell it out and buy a new one.

Relinquishment of share and GPA shall be useless and inapplicable for transfer of title.of the flat.