LawRato

Gift deed or Will for property transfer


18-Nov-2023 (In Property Law)
My mom has 2 sons ( I am younger son) She owns an empty plot of land and she wants to gift it to me. Property was bought by her with her savings. Would like to know if Will or Gift deed, which is better option legall as well as in terms of registration charges
Answers (3)

Answer #1
975 votes
will will take a fact only after the death of your person and gift did can be done to the 3rd part is who are not the blood relations but in your case it is your mother so the self earned property of your mother can be given to you by the way of settlement deed and for the settlement deed the stamp duty is very less compared to the gift did
Helpful? LawRato LawRato

Answer #2
882 votes
hi alocious here, firstly gift deed does not apply here, since she's your mother the transfer of property shall be made by settlement deed, where in the property will be transferred to you, secondly even if will is written in your favour you need a settlement deed to have the property transferred, thank you, you can contact me for further clarifications
Helpful? LawRato LawRato
Answer #3
659 votes
Choosing between a Will and a Gift Deed for the transfer of your mother’s property depends on several factors including immediacy of transfer, tax implications, and registration charges:

A Gift Deed transfers the property immediately, whereas a Will takes effect after the demise of the person making the Will.

A Gift Deed transfers the property immediately, whereas a Will takes effect after the demise of the person making the Will.

Registration of gift deed involves stamp duty and registration fees which is costlier than will registration.

Gift deed cannot be revoked but it is not the case for will as it can be changed in any moment by the executor.

Considering the above facts, I suggest gift deed is the best option though there is a cost involved.
Helpful? LawRato LawRato

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

Report abuse?

Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."