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Rahul (Teacher)     01 June 2015

Property ownership

Hello Team - Looking for your valauable advice.

Me and my wife purchased a property together and then she gifted me her portion of property via registered gift deed. I want to know after my death did she become the owner of this property again ? If yes then what documents i need to put in place during my lifetime so that she wont get anything from this property. I want to give this property to my parents and one cousin. Please advice

Thanks



Learning

 10 Replies

saravanan s (legal advisor)     01 June 2015

if you die intestate then definitely she will get a share along with your mother and children.if you dont want her to get back any share then you have to gift it to your mother or dad during your lifetime or you can write a will in their favour

Rahul (Teacher)     01 June 2015

Creating a WILL for anyone from my end will make him/her the owner of this property after me ? and my wife will not get anything from this property ? Correct

saravanan s (legal advisor)     01 June 2015

yes you are right

Rahul (Teacher)     01 June 2015

Thank you Saravanan

Rahul (Teacher)     01 June 2015

What is the procedure to create a WILL ? and all the things related to it . I appriate all your help.

G.L.N. Prasad (Retired employee.)     02 June 2015

How property was acquired matters, as many couples both employees purchase property in joint names.

A will requires good drafting with two witnesses and registration is optional.  When you wish to decide on important issues, it is always better to seek professional help, instead of online advice. 

Jayashree Hariharan (Advocate)     02 June 2015

Since your wife has given a gift deed in your name, you are the absolute owner and can write a Will... it is better if you register it. Gifting it to your parents may create rift between you and your wife unnecessarily.

G.L.N. Prasad (Retired employee.)     02 June 2015

Madam JH,

Can you please enlighten as to gifting to husband a property also makes her disentitled for property as legal heir ?

sachin (accounta execative)     03 June 2015

hi sir madam i live in thane a since more thane 30y i have no tax receipt becouse tax amt pay our property owner relative so the cut my water connection and creat some problems they also case in court but there is no proble for me case is closed so pls give me any good solution for this

 

Thanks 

 

T. Kalaiselvan, Advocate (Advocate)     19 June 2015

@Rahul:   The property gifted by your wife as well as your own share int the property will be your own and absolute property, which can be gifted by you to your parents or anyone of your choice or  you can execute a Will in favor of the person whom you think will be the beneficiary, she cannot come back to claim the property which has been testate during your life time, but if your property remains intestate after your death, she as your legal heir can claim a share in the property along with other legal heirs. 


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