HT Estates - - HTESTATES - Su­nil Tyagi

My sis­ter-in- law is de­sirous of gift­ing me a prop­erty which she will in­herit from her mother on her death. She wants to ex­e­cute a deed of gift in my favour in re­spect of the said prop­erty. Can she do it?

– Kumkum Jha A per­son can­not make a valid gift of a prop­erty that he/she does not own at the time of ex­e­cu­tion of gift deed. Thus, your sis­ter-in­law can­not ex­e­cute a valid gift deed in your favour un­til she in­her­its and be­comes the owner of such prop­erty.

My brother-in-law is an NRI. He lives in Canada but is in­ter­ested in buy­ing a res­i­den­tial prop­erty in In­dia and has been ex­plor­ing var­i­ous op­tions in Delhi. Is he re­quired to take RBI’s prior per­mis­sion be­fore buy­ing the same?

- Sailesh Sharma An NRI has gen­eral per­mis­sion of Re­serve Bank of In­dia’s (RBI) for buy­ing a res­i­den­tial prop­erty. There­fore, your brother-in­law can buy the res­i­den­tial prop­erty with­out seek­ing RBI per­mis­sion.

I am an 82-year-old se­nior ci­ti­zen. I live alone as my wife ex­pired a few years ago and my only son lives abroad. I have a few self-ac­quired im­mov­able prop­er­ties for which I want to ex­e­cute a will. Can a will be reg­is­tered in case of im­mov­able prop­erty lo­cated any­where in Delhi in any of the sub-reg­is­trar of­fices of Delhi?

- Rekha Gupta A will may be pre­sented for reg­is­tra­tion gen­er­ally in the of­fice of the sub-reg­is­trar in whose sub-dis­trict the ex­ecu­tor re­sides.


A joint owner of a flat is legally en­ti­tled to gift her

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