How to donate a lease-hold jointly-owned property
08-Aug-2023 (In Property Law)
My mother is 80 years old and she owns a single storied house on an undivided land at Kolkata (has a joint ownership of the land with my aunt who has a separate house on the same land). From 2017 onwards, she is living with me at Noida. She now plans to donate the house and the undivided share of the land by creating a will with immediate effect to a person who was looking after her for a long time when she was living in Kolkata. I (the only child of my parents) have no objection in this regard. Now my queries are
1. What are the formalities in this regard on the part of my mother and myself?
2. Does my aunt has any role in this process?
3. Whether my mother shall be relieved from all liabilities pertaining to the land and house after creation of the will and whether all the rights on the land and house will be transferred to the person immediately?
4. Whether physical presence of my mother/myself is required at Kolkata to execute the process
5.Is there any other process to donate it?
Since you are saying its joint ownership property, I can presume its absolute ownership your mother having over the property and she is not any lessee or otherwise; before answering your questions one thing should be cleared, there are two things that can be done to donate property to somebody else, a Will and a Gift; the basic difference between a will and a gift is, the will takes effect after the death of the executor, that means the person in whose favour the will is being made shall be the owner of the property after the executor dies and he takes the probate thereof, whereas if a gift is done, the donee becomes the owner immediately after the gift. Another basic difference is that in case of gift there is 0.5% of stamp duty and 1.1% of the registration cost of the market value of the property that has to be paid to the Government unlike a will.
1. There should be a draft made for the will declaring the reason why the will is being made and also few other points for transfer of property. The mother has to sign it and you can also put your signature as witness, that document can be registered or may not be, though I suggest the same should be registered since the cost for registration is very less.
2. The will can be made with respect to the undivided property, your mother wouldn't have any role there, but again, she can sign as witness if she is agreeable.
3.This answer can be found above at my clarification. She won't be relieved if she does the will, since she remains the owner till her death. The person in whose favour the will shall be made shall have no right over the property until she demises.
4. If you do the will and don't register it, the physical presence won't be necessary. For registration it will be.
5. As I already said, a gift alternatively can be done.
1. There should be a draft made for the will declaring the reason why the will is being made and also few other points for transfer of property. The mother has to sign it and you can also put your signature as witness, that document can be registered or may not be, though I suggest the same should be registered since the cost for registration is very less.
2. The will can be made with respect to the undivided property, your mother wouldn't have any role there, but again, she can sign as witness if she is agreeable.
3.This answer can be found above at my clarification. She won't be relieved if she does the will, since she remains the owner till her death. The person in whose favour the will shall be made shall have no right over the property until she demises.
4. If you do the will and don't register it, the physical presence won't be necessary. For registration it will be.
5. As I already said, a gift alternatively can be done.
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.
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