Transfer of joint property to single owner

Without your consent share cannot be given. After death of the owners of the property, the husband and their chidren are having legal rights  to get the property.

Dear Gentleman

The answers for the questions are:

1. The mother can't transfer her share to your siblings without your consent as the property is jointly owned.

2. After the death of either owner, the respective share will be distributed among the spouse, sons & daughters.

3.It is better to have a WILL in your name by the mother for the remaining 50% share if other family members have no objection on that.

4. WILL is the cheapest way of transfer of title of property or otherwise it is better to have a registered gift deed by your mother in your favour.

Thanks for the replies. In case of a WILL, can she change her mind and cancel the same? I think a gift deed would be better than making a WILL, isn’t it? I heard lots of stores about cancellation of even gift deeds too. Then would you think that gift deed would be a better option than a sale deed? Please help me.

My opinion and advises/suggestions to your queries are given below against each:

1. Since it is joint property can my mother give her share to my siblings without my consent?                                                   Since this property is owned jointly by both, your mother has got full rights over her 50% share in the property which she can dispose it in any manner she desires so.   Therefore it will be legally valid even if she settles or gifts away her share of the property in favor of your brother or sister or anyone, you cannot restrict her from doing so though the fact is that you only have bought the property out of your income, but your mother is a joint owner having an equal share (50%)in it.

2. After her or my death, who will get the property? Since it is from my earnings, I want the property for my children (now they are kids), not my siblings.                                     Upon intestate death of the mother, her share of  the property will devolve equally on all her legal heirs, namely, her children and spouse.  You cannot take them away on your own for yourself in the name of future benefits for your children.

3. If she dies before me or I die before she, what happens to the property. How can I prevent it from going to my brother or sister.                         Your share of property will devolve upon your own legal heirs comprising your children, wife and your mother.         Your mother's share upon her death will be divided as stated above.
   

4. If my mother is willing to transfer the property to my name, what is the best and cheapest way?         
      The best way is to convince your mother and get a registered release deed executed in your favor or a registered gift deed.  The Will has dangers of being revoked during her life time or upon its enforcement after your mother's demise, if challenged, you  may have to obtain a grant of probate of it, hence you may avoid the option of Will.

Thank you Sir, What would be the best option , release deed or gift deed. Would it be best to transfer her 50% to my name so that I don't have to pay for the total land? In that case, which one a relase deed or gift deed would be possible?

Enquire about the prevailing rates of stamp duty for Gift deed, settlement deed or release deed in the local registrar office, and proceed by which is cheaper and convenient.

Since it is a joint property your mother cannot transfer her share without your consent and confirmation.

In case of your death your husband ,sons and daughters will be the joint owners of your property.

By a deed of relinquishment your mother can transfer her share in the property to you which will remove the possible disputes and dissension in future.