Transfer of property mother to son
pauldaviesthekkanath
(Querist) 04 June 2016
This query is : Resolved
My mother wants to transfer the property to me(son). It was transferred to her name when my father died. According to my father's will property is for me after my mother's death.Can I transfer it when my mother is alive?
Kumar Doab
(Expert) 05 June 2016
You have posted that:
"My mother wants to transfer the property to me(son). It was transferred to her name when my father died. According to my father's will property is for me after my mother's death.Can I transfer it when my mother is alive? "
No.
The last wish of the deceased is WILL shall be supreme.
Apparently your father has granted rights to reside to your mother till she is alive.
c.p.s. ramachary
(Expert) 06 June 2016
No. Your mother cannot transfer the property in your name as she has enjoyment rights to enjoy the property as legatee as per the WILL. Your absolute rigts accrue only after death of your mother. Thus both your mother and your self have no right to transfer the property when your mother is alive.
Hemant Agarwal
(Expert) 12 August 2016
A LITTLE STRATEGIC TWIST:
1. The will /testamentary of the deceased person can be challenged ONLY by the legal heirs /beneficiaries. Further the chief purpose of a will /testamentary document is to ensure the bequeathing of the property rights to the legal heirs /beneficiaries.
2. In the matter instant, the legal heirs /beneficiaries, seem to be only the Mother and the Son. (while presuming there is no other legal heirs /beneficiaries).
3. With a little Strategic Twist and respective clauses, a duly stamped duty paid and registered "Family Settlement Deed" .OR. a "Relinquishment Deed", can be executed by "ALL" the legal heirs /beneficiaries, to transfer the property to a selected legal heir /beneficiary or to multiple legal heirs /beneficiary.
4. Due to point no. 1, 2, 3 (above), legally and effectively, the clauses of the deceased's will can be set aside, more specifically due to point no. 1 (above).
Keep Smiling .... Hemant Agarwal
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