Mother in law can execute gift deed in your daughter name for her share in property
gift deed should be duly stamped and registered
Transfer of property
Hello , my question is my late husband's commercial property is situated at noida sector 10. Now at the time of transferring the property , he wanted to make a partnership deed between me and my mother in law for transferring the property in to two. I have a daughter also who's Age is 9 years . Now I wanted to make sure that the eventually my mother in law share of property will go to my daughter only . She is ready to make a will but as per my information will can be change.so need your suggestions how can I make sure that my mother in law portion will go to my daughter's only. Is there any law , clause or deed where I can make sure the transfer the property eventually to my daughter only .
Asked 3 years ago in Property Law
Religion: Hindu
7 Answers
The property once transferred in your and your mother in law's name can be transferred in your daughter's name only after she dies if sh3 writes a will. She may also gift her portion of the property to your daughter in her lifetime.
If you want the property to be transferred to your daughter's name, then the property can be transferred to her name directly by a registered settlement deed by appointing your mother in law as guardian to her during her minority.
The alternate method is that your mother in law can execute a registered conditional settlement deed in favor of your daughter that your mother in law's share shall be acquired by your daughter but after the lifetime of your mother in law.
Your mother in law can enjoy the property till her lifetime but she do not have any rights to alienate the property.
This way your daughter's interests can be protected.
Your mother in law may write a Will bequeathing her undivided half-share (of your late husband's property) in favour of your daughter. Please get it suitably drafted by a lawyer, executed and registered. If you keep the original Will safe and if your mother in law does not change her mind during her lifetime, your daughter shall eventually inherit that legacy.
You can gift her through registered gift deed
Dear Client,
As per the transfer of property act, your mother in law can make a gift deed to your daughter.
Thank you
- Yes, she can change the WILL many times during her life time even it is registered , hence your mother in law can execute a registered gift deed or conditional gift deed OR a Settlement deed in favor of your daughter.
