My mother wants to give me her share in the property. legal procedure?

858 votes

Hi, Your mother can transfer her property legally. However it depends upon many facts e.g.
1. Is that property was purchased by your father or it was given by your grand father?
2. Is the property has been divided among all children?
Process is different for both the scenario.

Advocate Vikas Nain LawRato

791 votes

Before giving appropriate advise it has to be ascertained as to whether the said property in question was self acquired by him or was it through inheritance, secondly did the father make any will at the time of dying?

However in any manner a relinquishment deed has to be executed by mother in favour of you and NOC should be taken from all the other legal heirs to avoid any future dispute.

Advocate Sharad Baijal LawRato

511 votes

Your mother may either relinquish her share in the property in your favour by executing a Relinquishment Deed which will have to be registered. Here during her life time you will get her share of the property left behind by your father which you all inherited in equal share ( you ,your mother and your brothers and sisters each inherited 1/6 share) That is to say after Relinquishment deed is executed you will be owner of 1/3 portion ( 1/6+1/6).
Otherwise your mother could execute a Will in your favour in respect of her share of this property as well as any other property of which she is the absolute owner.
Merely writing any thing on stamp paper will not do.
If she makes a Will it could be on a plain paper but other pre requisites of a valid Will would have to taken care of.

Advocate Pravin Sharma LawRato

686 votes

You mother has full right to alienate her property to anyone or all children. She can alienate her share of the property to you by way of a gift deed. After that you have to pay stamp duty. The stamp duty will be 1% of the current valuation of the property and then at the time of registration of those property in your name you have to pay 1.1% of registration charges

Advocate Rahul Arya LawRato