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Property in one name

(Querist) 24 July 2013 This query is : Resolved 
My mother owns property and we are 2 sisters , sister with her husband and her son residing in delhi and me divorced with my son living with mother in mother house, father expired and no brother. my mother wish to give this property to me, not to my sister , what is the procedure to follow so that in future i myself remain in safe mode and we dont want to disclose this ownership to sister as his husband is not in good terms with me and with my mother, so my mother want to keep it silent and for the welfare for me.... plz guide
Rajendra K Goyal (Expert) 24 July 2013
If the property is self acquired by your mother, she can gift it to you. It would be a better option for you, though a bit costly. She may make a will, will can be changed at any time. By will your mother will be able to have control on property till she is alive, as will can be changed at any time during her life.
Raj Kumar Makkad (Expert) 24 July 2013
Registered gift deed is the best remedy which shall be executed in a single day.
sheetal (Querist) 25 July 2013
From where registered gift deed is processed, and how much it cost,plz suggest
prabhakar singh (Expert) 25 July 2013
It has to be registered with office of sub registrar in whose jurisdiction the property situate.Payable Stamp duty is a varying factor dependent upon state law but normally it is stated to be around 2 to 3% of the value of the property as per circle rate fixed by D.M.
ajay sethi (Expert) 25 July 2013
2%stamp duty depending upon market value of property . the gift deed has to be duly registered
sheetal (Querist) 25 July 2013
if registered gift deed is ignored , then is there any other way to give this property to me,is message in newspaper will work and only will made by lawyer will work... please suggest and correct me if i m wrong......
ajay sethi (Expert) 25 July 2013
it is better to be drafted by a lawyer . how can message in newspaper work ?
prabhakar singh (Expert) 25 July 2013
The mode to LEGALLY acquire ownership of any immovable property can be only a SALE OR GIFT DEED.
Raj Kumar Makkad (Expert) 26 July 2013
Newspaper advertisement is not the mode of transfer of the property so it shall not work. A registered family settlement can also be made.
Raj Kumar Makkad (Expert) 26 July 2013
The modes of transfer are duly discussed in Transfer of Property Act.
prabhakar singh (Expert) 26 July 2013
Then By TPA and study on.....


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