Will or gift deed
ajain
(Querist) 04 February 2015
This query is : Resolved
My mother and my two brothers are the co-owner of the house after the death of my father and myself executing the relinquishment deed in their favour due to pressure of my brothers. After the relinquishment deed, the behaviour of my brothers towards me and my mother become very rude. Now my mother wants to give her 1/3rd undivided share to me without informing my brothers. Is it possible and legal? Is there will be any problem in the legal document in future. Which possibility is better and without any legal hassles in future out of WILL and GIFT DEED. What are the tax implication in each.
P. Venu
(Expert) 05 February 2015
Yes, your mother can transfer her share to you by way of gift or bequeath through a Will.
Devajyoti Barman
(Expert) 05 February 2015
Yes, it is possible and she can do by way of a gift deed .
ajay sethi
(Expert) 05 February 2015
gift deed is better
T. Kalaiselvan, Advocate
(Expert) 05 February 2015
The immediate solution to the problem will be to execute a gift deed in your favor, but what is the guarantee that you will not harass your mother once you are getting her share of property transferred on your name like your brothers?
T. Kalaiselvan, Advocate
(Expert) 05 February 2015
The immediate solution to the problem can be by executing a registered gift deed in your favor, but what is the guarantee that you too will not harass your mother once you are getting her share of property transferred on your name like your brothers?
prabhakar singh
(Expert) 05 February 2015
You have already relinquished your share then better take your mother share by gift which would of more weight than a will if there arises any litigation in future with respect to your mother share.
Rajendra K Goyal
(Expert) 06 February 2015
Gift from mother is better solution than will in the given situation.
Dr J C Vashista
(Expert) 06 February 2015
I agree with experts, gift is better option and advised accordingly, go for a gift deed.
