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Preeti Wadhawan (CS & Legal Manager)     05 August 2010

Transfer of property in daughters name on basis of will

Dear Friends,

I have a query on gift of house. A lady gets the house transferred in her name based on the will made by deceased husband. Now, she has a daughter in law, grandson and a daughter. She wants to gift the house to her daughter. Can she  gift the house to daughter?  Does the daughter in law and grandson have any legal right over the house? If gift is possible, what safeguards should be taken to avoid possible litigation in future.






 6 Replies

Suchitra. S (Advocate)     05 August 2010

First of all you have to see whether a will is probated or not. If yes, then the property becomes the self earned property of the mother in law. So, she can gift the same to her daughter through a gift deed which is registered. And daughter in law and grandson does not have any right in that property.

Rajeev kulshreshtha (advocate)     05 August 2010

Suchitra  is right.

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     06 August 2010

Probate is necessary in Metro towns only.

By will you can change the line of succession and property can be willed even

to a stranger. Under property law nine points for possession and one point for law and all otherthings out of ten.

Preeti Wadhawan (CS & Legal Manager)     06 August 2010

Dear Friends,


Thanks for your replies. Is probate mandatory in dehradun. If so, what are the timelines involved.


R.Ranganathan (Advocate)     13 August 2010

Your query states that lady got the property transferred in her name. So there is no question of getting any probate. Only when the will is disputed or the property conveyed through Will has to be transferred, the Will has got to be probated. In your case already the property is in the name of the lady. She has every right to gift it to anyone or else deal with the property as she likes.  

Dhara Shah (Law Officer)     13 August 2010

Yes the lady can directly transferred the property in the name of daughter if she wishes to do so and no one can claim on it. But get it registered once u transer.

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