Transfer Of Property Mother To Son
15-Mar-2023 (In Family Law)
We are two brothers , my mother owns a house now she want to transfer same to me what are the best legal way to transfer same so that in future my brother cannot claim stake in house
If your mother is the absolute owner of the property then she has three options. First, she may execute a Registered Will in your favour which will come into effect after the death of your mother only. Second, she may execute a Registered Gift Deed in your favour which will come into effect just after execution of the same. Third, she may execute a Registered Sale Deed in your favour by accepting a nominal amount. However, in all the three options mentioned above your brother has a right to challenge the same on the ground that the execution was done without her free consent. If by any chance your brother becomes a witness in any of the three options mentioned above then he doesn't have the right to challenge the executions. According to me, you should go for the second option and make your brother a witness in the execution.
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