Joydeep Ganguly (sr.programmer) 29 May 2010
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
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.