Gift Deed and Will
Rajesh Agarwal
(Querist) 14 April 2019
This query is : Resolved
Respected Members,
One lady has 3sons and she had executed a will. Now the eldermost son has been asking her to execute a deed of Gift in his favour for the same portion of the property which she has bequeathed in her will for the eldermost son.
If the Gift Deed executed in favour of the eldermost son is it that the last will executed needs to be cancelled and a fresh one for the other two sons need to be executed or the will last executed need not need to be cancelled only the details of the last will's reference to be given in the Gift Deed.
Further what steps should be taken in making the Gift Deed so that the will does stand good at the time of admission/probat and the eldermost son or other members can not influence the acceptance of the will.
Vijay Raj Mahajan
(Expert) 15 April 2019
After Gift Deed made and the part of property transferred to one son, the new Will cancelling the previous Will can be made with regards to remaining property for other two sons only.
Dr J C Vashista
(Expert) 15 April 2019
Whether the mother/ testator/ donor is willing to bequeath/donate portion of her estate to her eldest son as he desired?
However, if she has agreed to donate and get the Gift Deed registered in favour of her eldest son of the portion of estate (as he desired) she will loose/transfer title of the portion of property during her life-time, which she retained on bequeathing.
Even if she donates (gets Gift Deed registered) she can not make will for that portion to any one since she will no more be titleholder of the portion gifted, consequently she shall have to execute another will in favour of other 2 sons, as she desired.
SHIRISH PAWAR, 7738990900
(Expert) 15 April 2019
If lady wishes to execute gift deed in that case previous will gets cancelled. Lady has to execute fresh will.
Suhail A.Siddiqui
(Expert) 16 April 2019
will is operative after the demise of will executor, If before the will executor's death. The will executor settled the same property by way of gift during his lifetime and nothing left behind as per will. Will itself become infructuous.
