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Type of deed to make to secure a transfer of property from future case


20-May-2023 (In Property Law)
My grandfather's brother wish to transfer his property into my name. He is unmarried but he adopted my father's brother son 10 years before legally. Right now his adopted son also willing to put his signature in any of agreement for me. What kind of deed/will shall I make for registration his property without legal issues, suppose his adopted son file suit case in future how will I face it
Answers (3)

Answer #1
669 votes
Gift Deed is the best solution,in case of immovable property, it is mandatory to register the gift deed as per section 17 of Registration act. Gift deed is irrevecable . Stamp duty is payable for registering a gift deed. If you receive a gift from relative than no tax will be levied. If you get property through registered gift deed you can show the value of gift received as exempted income in ITR.
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Answer #2
995 votes
Sir,
I need further clarity pertaining to the said property of your grandfather's brother, whether the said property is self acquired or devolved from ancestors? if the same is ancestors property whether it got partitioned among the heirs of your grandfather's father. Then alone proper clarification can be given.
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Answer #3
733 votes
Hi, Once a person relinquishes his right the chances of he going back and retain that right back in time is very remote. In your case you have already told that the adopted son is ready to sign any kind of deed. So you can make practical and effective use of the present situation for getting it done in your name. It is too early to say the kind of deed as the type of deed can be decided only on scrutinizing the documents. But it might be a settlement or gift or release or any other deed depending on how it is weighed as suitable or proper in the given circumstances to avoid conflict of interest.
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