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sudhakar (dgm)     05 October 2013

Transfer of property to daughter

i have one daughter and no other issues. The daughter is married and having a child. Myself and my husband are living in a separate independent house, which is in my name. After my lifetime, i want to transfer the property to my daughter. Can i do it through a will ?. if so, what is the procedure- whether the will needs to be registered? what will be the charges for the same?. Else, is there any other method for transfering the property to my daughter?.suppose that if i am not writting the will,i want to know if the property after me will compulsarily go to my husband or it could be transferred to my daughter as well? 

Can you pl guide me in the above query?



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 2 Replies

Namita Agarwal (---)     05 October 2013

You can transfer the property to your daughter through a Will.  Registration of a Will is not compulsory, but registration increases the authenticity of the Will.  The registration chareges are minimal - Rs. 200 to 300.  If you do not write a Will the property will be divided equally between your husband and your daughter.  Does your husband own any other property, where he can reside, if you transfer the property to your daughter?

T. Kalaiselvan, Advocate (Advocate)     06 October 2013

You can transfer the property to your daughter by two ways and depend as to when you want to do it.  If you want to give away the property during your life time, i.e., now, then do it either by a settlement deed or gift deed, but if you want your daughter to get the property after your life time, execute a WILL,  bequething the property in her favor which will become operative as per your desire, this instrument need not be registered but has to contain at least two witnesses to attest the same.  In case of your intestate death, the property will automatically devolve upon both your daughter and your husband as your legal heirs/successors.


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