Property from mother to son.

Querist : Anonymous (Querist) 04 October 2011 This query is : Resolved
My mother is having house which was purchased by her from her self earnings. NOW She wants to transfer it to me during her LIFETIME. Which is possible through Gift DEED as I learnt from this site.But it is very costly and not affordable. Is their any other way ? I have heard from some persons that it can also be get done through court decree which is very cheaper in comparison to GIFT DEED. What is this "court decree" and what is the procedure in this?

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Raj Kumar Makkad (Expert) 04 October 2011
It is true that if you show a family settlement before civil court and your mother admits your claim in her written statement then civil suit can be got decreed and thus the ownership can change in your favour. You engage a local lawyer and he shall draft a suit for declaration to the effect tthat you are owner in possession of house in question and further that the entry of name of your mother in municipal record and else where is imaginary and not binding upon your rights and further that you are entitled to get entered the said property in your name instead of your mother.

R.Ramachandran (Expert) 04 October 2011
I am afraid it may not work. The Court will be able to see through the collusiveness between mother and son.

Sailesh Kumar Shah (Expert) 04 October 2011
I go with Shri R. Ramachandran.

Querist : Anonymous (Querist) 04 October 2011
R.Ramachandaran Sir,I am not understanding the meaning of your sentence"The Court will be able to see through the collusiveness between mother and son." Please simplify the word "collusiveness".

ajay sethi (Expert) 04 October 2011
it is advisable to be safe then sorry . what is the value of property ? it must be worth atleast a fw lakhs . even if you have to pay 1 lakh as gift taxand registartion charges it is worth it .

dont go by short cuts .

ajay sethi (Expert) 04 October 2011
by collusiveness mr ramchandran means you are hand in glove to try to defraud govt of tax dues . judges have lot of experience they able to immediatedly grasp when litigation filed is collusive

prabhakar singh (Expert) 04 October 2011
A tie between two or more to put in loss a third is called collusive act.

fraudulently contrived by agreement.

Querist : Anonymous (Querist) 05 October 2011
Dear Experts, From above replies it is learnt that Gift Deed is the best solution . Thanks a lot to all of you for your kind suggestion.

kuldeep kumar (Expert) 05 October 2011
expert replies are clear there should be no collusiveness

Chanchal Nag Chowdhury (Expert) 05 October 2011
If U R the only child, do nothing. The property will come to U in due course. If not, get a Will executed by your mother & register it. There is no Stamp Duty.

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