A gift deed must be stamped, registered at sub-registrar of assurances

I want to transfer my property equally between my three daughters. I don’t want to give any part of it to my son. The property was acquired by my husband and my son got it transferred in my name after my husband’s death. How should I go about it?

—Sreelata

From the facts provided to us, it is unclear as to how the subject property was transferred in your name after the demise of your husband.

Firstly, we need to understand as to whether your husband died intestate i.e. without a will or testate i.e. with a will. If there is no will, and your husband was a Hindu at the time of his death, then the property will devolve to all of you equally. However, if there is a will made by your husband, then the property will strictly go as per the wishes of your husband in his will. This is the legal position in your case.

On the basis that the property has been transferred in your name and you wish to transfer the property to your daughters, then you may transfer it to your three daughters during your lifetime by way of a gift deed or release deed, which requires to be stamped and registered at the sub-registrar of assurances having appropriate jurisdiction. In case you desire to bequeath the same after your lifetime, you can state the same in your will.

I paid some amount to my wife and son for my divorce settlement. I have no plans of remarriage and my mother has a property in her name. The property will be transferred to my sister as a gift. Will my son have rights on this property even if my former wife gets remarried?

—Sunil

Once the marriage is duly dissolved by a decree of dissolution passed by a competent court and there is a proper and final settlement between you and your former wife, then your former wife shall be bound with the terms and conditions of such settlement. Further, we understand from you that the subject property is owned by your mother and on account of her ownership rights in the property, she has the unfettered rights to transfer the property to your sister by way of a gift. Upon execution of a registered gift deed, your sister becomes the absolute owner of the property and the question of anyone else having rights in the property, including your son, is ruled out. So your son will not have any right in the property.

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