A present deed should be stamped, registered at sub-registrar of assurances

Businesswoman watching woman sign paperwork (istock)

I need to switch my property equally between my three daughters. I don’t need to give any a part of it to my son. The property was acquired by my husband and my son obtained it transferred in my title after my husband’s loss of life. How ought to I am going about it?

—Sreelata

From the information supplied to us, it’s unclear as to how the topic property was transferred in your title after the demise of your husband.

Firstly, we have to perceive as as to whether your husband died intestate i.e. with no will or testate i.e. with a will. If there is no such thing as a will, and your husband was a Hindu on the time of his loss of life, then the property will devolve to all of you equally. Nevertheless, if there’s a will made by your husband, then the property will strictly go as per the desires of your husband in his will. That is the authorized place in your case.

On the premise that the property has been transferred in your title and also you want to switch the property to your daughters, then you could switch it to your three daughters throughout your lifetime by the use of a present deed or launch deed, which requires to be stamped and registered on the sub-registrar of assurances having acceptable jurisdiction. In case you need to bequeath the identical after your lifetime, you possibly can state the identical in your will.

I paid some quantity to my spouse and son for my divorce settlement. I’ve no plans of remarriage and my mom has a property in her title. The property shall be transferred to my sister as a present. Will my son have rights on this property even when my former spouse will get remarried?

—Sunil

As soon as the wedding is duly dissolved by a decree of dissolution handed by a reliable court docket and there’s a correct and ultimate settlement between you and your former spouse, then your former spouse shall be sure with the phrases and circumstances of such settlement. Additional, we perceive from you that the topic property is owned by your mom and on account of her possession rights within the property, she has the unfettered rights to switch the property to your sister by the use of a present. Upon execution of a registered present deed, your sister turns into absolutely the proprietor of the property and the query of anybody else having rights within the property, together with your son, is dominated out. So your son won’t have any proper within the property.

Aradhana Bhansali is associate, Rajani Associates. Queries and views at mintmoney@livemint.com

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