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Joydeep Ganguly (sr.programmer)     29 May 2010

Will or gift

Dear Sir I am staying in Kolkata in a flat owned by my mother as per sale deed. I have a married sister and my father is also there.My question is - if I want to sale the flat in my mom's presence or absence what leagal formalities I have to be through - a will or a gift deed? Please note that I don't have bad relationship with my sister.I would also like to know which one (will/gift) has less expenses related.


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 5 Replies

Karl Jacob (Partner/Advocate)     29 May 2010

Will is relatively a cheaper means to convey the property. The Will doesn't even have to be registered. But it may bring confusions and ambiguities. The gift is the effective way to convey the property without any hassle even though it may involve quit some expenses and you can enjoy the title even during the lifetime of your mother and so it cannot be disputed.

A V Vishal (Advocate)     29 May 2010

Mr Karl & Joy:

Please note will is operative only upon death of the testator viz the querist's mother. The querist wants to know how can he sell the property in the physical presence or in her absence, then how can he sell on basis of a will. The only way is either the querist mother execute a POA or execute a gift deed in favor of the querist.

Adv Rahul Vihire (advocate)     29 May 2010

wheter unregistered gift deed (hiba nama)have any value in eye of law. if any person who is no more in his whole life use to sign an english signature and if he at the time of executing the hibanama made a signature in urdu then the hibanama is valid or not.

raj kumar ji (LAW STUDENT )     31 May 2010

i agree with a.v.vishal sir

Joydeep Ganguly (sr.programmer)     31 May 2010

Thanks to everyone for imemdiate reply.Since I am a novice in legal matters please consider the situations :

1) After 20 years I want to sell the property and my mother is living but physically unable to do signature. She is presently 65.

2) After 10 years I want to sell the property and my mother is not there.

So, considering a gift deed will be costly, can I go for both a Will and a POA to overcome the above mentioned situations? By any chance do anybody know the approx. charges for gift deed in west bengal.


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