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I own a house which is self acquired property purchased out of my earnings. I have two children, a son and daughter. My son is married and is living separately. My daughter is unmarried and is living with me in my house and is taking care of me. I am aged and want that my daughter should get my house but want that the house should be in my possession as long as I am alive. Please advise how to proceed.

- by Sadanand, Madikeri

You can transfer the house to your daughter either by way of gift or by making a will.  Making gift is preferable as will is operative only after the death. The contents and genuiniy of the will may be questioned by other claimants. However, a gift becomes operative immediately subject to the conditions mentioned in the deed. Proper protective clauses to ensure that you continue to be in possession of the property as long as you are alive should be incorporated. Such conditional clauses are permitted in gift deed as per Section 126 of Transfer of Property Act 1882.  The gift deed should be adequately stamped and registered.

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These are all the legal questions answered by Advocate S.Selvakumar in various magazines, in various occasion including realestate reporter monthly.

QUESTIONS

Q:- I am married and have two children. However, I had a girl friend with whom I had intimate relationship before marriage and have two children from her. My girl friend is dead.  I own some properties, which are self-acquired and also some inherited ancestral property. I want to settle the issue of properties, now itself to be operative after my death to avoid any disputes. Can I give some portion of the properties to my children from my girl friend?

Q:- I am a Hindu widow. My son is a minor, who has immovable properties. My husband had made a Will bequeathing some properties to my son. My husband by a separate will also nominated his brother (my brother-in-law) as the guardian of my minor son, and the properties. My brother-in-law is not a good person and cannot be relied upon. As a mother, do I have any hold on the properties of my minor son? Please advise.

Q:- I had purchased a house in Basaveswaranagar, which I had bequeathed to my only daughter.  The will is registered.  Unfortunately my daughter is suffering from serious heart problem and needs hospitalization and surgery.  The doctor has informed that the entire process may cost two lakhs and some additional amount for post operation treatment.  I want to mortgage my house which is willed to my daughter and avail loan.  Please advise whether it is possible?

Q:- The Khata of property which we own is still in the name of my father who has died five years ago. At present the property is jointly owned by my mother, me and my sister as per the will made by my father. Tax paid receipts are issued in the name of my father. The property is in Gokula Extension, Bangalore. Please advise the procedure for transfer of Khata in our names. Can the Khata be in any one of our names?

Q:- I own a property jointly with my sister, which is acquired by both of us out of our own funds. I am aged and my sister is taking care of me as my children have abandoned me. Please inform how I can transfer my share in the property to my sister, without much expenditure in my lifetime?