Giift deed/relinqueshment deed
Shailesh
(Querist) 13 October 2013
This query is : Resolved
After the death of our father, we (two brothers and one sister) made a relinquishment deed in favour of our mother several years back and which is registered. Now our mother desires to give the property equally to me and my brother. What could be the procedure for it as per law. Can our mother gift us the property through gift deed or the relinquishment deed be again relinquished in my and my brother's name or we have to go for sale deed. what would be the best option. What is the legal position about for challenging the gift/relinquishment/sale deeds by our sister whom our mother does not desire to give any share in the property.
ajay sethi
(Expert) 13 October 2013
if your mother makes a will she can bequeath property in your favour and that of your brother . it is not in your mother interest to gift the property in favour of her 2 sons while she is still alive . gift deed attracts 2%stamp duty on market value of property
R.K Nanda
(Expert) 13 October 2013
agree with experts.
