In your case, if your parents are reluctant to execute a gift deed in your favour you can ask your elder brother to execute relinquishment deed forfeiting all his claims in your parent's property and the said deed it should be mandatorily registered.

After this, your elder brother would not be able to claim any share in future. You should also get a will executed in your favour from your parents but you can do nothing if they change the name later as they have the right to change their will at any point of time.

Will can always be revoked and fresh willexecuted by parents

2) your brother can always challenge will on parents demise but chances of success are bleak

3) parents can execute conditional gift deed wherein it is provided that you shall take care of them in their old age and if you fail to do so gift deedcan be revoked

Dear

The best and the most secure way is s gift deed and nothing else. As far as Will is concerned it is the most weakest document and can be changed or challenged very easily. You cant help it. The law is like that only and It all depend on your luck if its challenged or not.

Adv vikas

This is my response to you:

1. Make a Family Settlement Deed;

2. Or in the alternate ask your parents to make a Will;

3. Once the Will is ready then make the relevant clauses;

4. As per Maintenance of Senior Citizens Act, you are legally entitled to take care of the parents;

5. Consult a local lawyer and take the necessary steps.

1. The ONLY way to affect Transfer of Property is thru a proper stamp duty paid registered Gift /Sale /Relinquishment /Settlement Deed, which CANNOT be futuristically conditional, in any way.

2. Any other Deed or Will other then above, is always changeable, at the discreation of the Will maker.

Keep Smiling .... Hemant Agarwal

Sir such settlement without transfer has no legal sanctity best way is to gift the property to you and further when gift deed is executed you can make legal settlement of life interest with the parents this way both the side are safe. you are owner and they get to live in flat for all the life.(Recently i did it for my client). No other option is there as there cannot be a conditional gift deed and even a will can be changed,

If the property is on their both the names, then they both can jointly execute a registered settlement deed in your favor.

This deed may be drawn with a condition i.e., they both shall hold life interest in the property and you shall be able to inherit the said property only after their lifetime.

This will ensure that they do not change their mind at a later stage nor authority to the property after their lifetime can be questioned.

Hello,

If w will is made then the parents can also change it in future and also the brother after the death can claim a stake and challenge the will to create problem.

You may note that as per the recent judgment the gift deed can be revoked by the parents if in old age the child does not take of them. This clause can be made in the gift deed to give a surety to the parents. You may go through the following link:

https://www.makaan.com/iq/legal-taxes-laws/parents-can-revoke-property-gifted-to-children-rules-punjab-haryana-hc

Regards

1)your parents can make conditional gift deed.

2)Gift Deed can be conditional but the Gift Deed will be valid if transfer of the title is passed on immediately by the donor and accepted by the donee. ... In a conditional gift deed it can be mentioned that the donor will live in the premises gifted to the donee, till he dies and also other conditions can be added.