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Krishnamurthy Subramaniam (Retired)     06 February 2014

Settlement

Sir,

I acquired a residential flat in chennai during 2001. I have two sons and one daughter. All are married and alive. I wish to settle this property to my eldest daughter in law thro' the settlement deed. All others are having no objection including my wife for this proposal.

Can i do as i wish?

Please help me in this regard.

Thanks



Learning

 4 Replies

Suneet Gupta (www.vashiadvocates.com)     07 February 2014

Since the plot is self acquired, you can transfer the same to your eldest daughter-in-law. The transfer is through a settlement or gift deed and it will be good if all your potential heirs sign on the same as witnesses/ acquiescent parties to prevent future problems.

Please note that this transfer is irreversible and shall take place immediately. Stamp duty, at rates applicable for a gift, will need to be paid on the settlement deed. Transfer through a will operate after your death and can be contested at that time even if all parties acquiesce now.

T. Kalaiselvan, Advocate (Advocate)     07 February 2014

You can transfer your own property to anyone you want to, it may be during your life time or after that.  However, please observe certain other things which have been highlighted by learned advocate Mr. Suneet Gupta to avoid problems in the future.

Ngaraj N Nyamati (Advocate)     08 February 2014

  You have right to  transfer/give the property to any one if the property acquired by your own funds. You can transfer the property by gift deed to your first daughter in law.  If you write will, it operate only after your death.

Nagaraj N Nyamati

vizhigal (agm)     21 December 2014

we r 3 brothers . my mother transferred a property ( free settlement/ dhana settlement) to one son without consent of others 2 sons.  that property was in her name. she was a house wife only.   but in the deed document it mentioned that she bought the property by her own earnings. 

can she do that without other 2 sons consent? 


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