Transfer of property and rights protection
KK
(Querist) 20 September 2017
This query is : Resolved
Hi, we have a DDA flat in New Delhi in my name. Due to internal disputes with my wife, I would like to gift the same to my brother. Can I gift the property and also ensure that I can live in the property throughout my life, and no misuse of this can happen? How to make sure I get the property rights after my brother, and not his legal heirs?
KK
(Querist) 21 September 2017
Any expert advise on this query please.
P. Venu
(Expert) 21 September 2017
It is better you make will in favour of any one at your discretion. The wife could be excluded if wish so..
KK
(Querist) 21 September 2017
I have the danger of being harassed by my wife for divorce, and I don't want to keep it on my name.
Guest
(Expert) 21 September 2017
Danger looms large even if you gift the property to your brother. Even if you are able to get a his will in your favour, he can change that will any time during his life time. So, where remains the guarantee?
Guest
(Expert) 21 September 2017
After gifting the property, in addition to will, you can get irrevocable power of attorney in your favour from your brother.
Guest
(Expert) 21 September 2017
Mr. Dhingra,
I feel you believe that irrevocable power of attorney is a guarantee to safeguard the interests of the querist. But, sorry to point out, even irrevocable power of attorney can also be revoked under certain conditions.
Rajendra K Goyal
(Expert) 22 September 2017
Even after gifting of the property, she may harass.
If brother changes his mind, you would be in trouble.
However, if you have decided to proceed, after gift, irrevocable power of attorney with will is preferable.
