Gift deed

Querist : Anonymous (Querist) 24 November 2009 This query is : Resolved
Hi,
BROTHER-IN-LAW has gifted House property to my mother(ITS NOT AN ANSCENTORS PROPERTY).MY MOTHER WANTS TO GIFT THE SAME TO ME(SON).
1) CAN MY SISTER WILL HAVE ANY RIGHTS ON THE HOUSE PROPERTY IS SHE HAS TO RELINQUESH HER RIGHTS ON THE PROPERTY.
2)WILL OR GIFT WHICH ONE IS BEST OPTION.
KINDLY GIVE ME YOUR VALUABLE SUGGESTIONS ON THIS REGARD.

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Guest (Expert) 24 November 2009
As you have said that the property is not an ancestral one, your bro-in-law has got the rights to transfer the property by way of gift. There is no need of relinquishing the rights (since it is a self-acquired property) by your sister. If there was no conditions imposed on the gift deed (like enjoyment of the property and/or restricting further transfers etc.,)your mother can very well execute a gift deed to transfer the property. Gift deed is the best option. A 'Will' speaks only when a person dies. Further, there is a possibility of changing the Will as and when one desires so.

adv. rajeev ( rajoo ) (Expert) 24 November 2009
Gift is the best option. Will, will come into operation only on the death of the executant.
Ur sister has no right over the property. Hence she is no way concerned with the property because it is not an ancestral property of b-i-l, her right relinquish deed is not necessary.

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