Subhomoy Das (Retail Manager) 21 July 2018
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/Telangana state 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.