Your mother can execute gift deed in your favour for transfer of flat
2) gift deed should be duly stamped and registered
Transfer of freehold property by mother to son
My mother owns a (freehold) flat in Delhi. The flat is on rent presently. She wishes to transfer the property to me. We are only two brothers. The younger one is a OCI and a citizen of a country in North America. I need guidance to finish this process following the correct legal procedure.
Asked 7 years ago in Property Law
Religion: Hindu
5 Answers
Hi, As your mother is the absolute owner of the property she can execute a registered gift deed in favour of you so that the property can transfer to you by way of gift.
The property on your mother's name shall be her own and absolute property. she can dispose the same in any manner during her lifetime and to anyone of her choice. she can transfer it to you by settlement or gift deed.she need not obtain NOC from your brother
1. There is no restrictions in the transfer of proeprty from parents to a foreign citizens.
2. In other words your mother can transfer the same by way of deed of gift to both you and your brother.
3. In the gift deed the stamp duty is most minimal.
1. The title of the property can be conveyed in your name in two ways. the first one is to execute and register a gift deed in your favour and the second one is to register a will in your favour.
2. In case of gift deed, the title of the said flat will be transferred in your name immediately after the said deed is registered.
3. In case of Will, the title of the property will transferred in your name after her demise only.
4. Though will is not required to be registered, it will be prudent on your part to register it to avoid any claim later on that you have coerced her to sign the said will.
5. In most of the places/states in India, Will is required to be probated to be valid but in Delhi, no probate is required to validate a will.
