Are the gift deed and the will is same thing?
AYAN
(Querist) 24 September 2012
This query is : Resolved
Are the GIFT DEED and the WILL are the same?
Are the gift deed and the "will" is same thing? or is it different thing?
CAN ONE WRITE A GIFT DEED OR WILL IN EMAIL OR SMS?
but in email or in sms there is no signing option of the donor or testator.
is the signing of a gift deed or a will is compulsory?
so writing a gift deed or will through email or sms --- is it valid?
ajay sethi
(Expert) 24 September 2012
dont raise academic queries
AYAN
(Querist) 24 September 2012
can anyone make Will OR gift deed through email or sms?
R.K Nanda
(Expert) 24 September 2012
no, not valid.
Guest
(Expert) 24 September 2012
Depends upon whether or not your email-will complies with the prescribed legal formalities needed for a will.
AYAN
(Querist) 24 September 2012
To mr R.k NANDA
thank you sir for answering.
I have another question. Is the gift deed or Will has to be signed compulsory?
AYAN
(Querist) 24 September 2012
To Mr. PS DHINGRA
BUT SIR IN email or in sms there is no signing option.
without sign is it be valid?
R.K Nanda
(Expert) 24 September 2012
yes,it is mandatory.
Guest
(Expert) 24 September 2012
I hope, being a web developer/software engineer, you may be knowing the provisions of IT Act along with importance & conditions of digital signatures.
AYAN
(Querist) 24 September 2012
To mr PS DHINGRA
THANK YOU SIR.
I want to know one thing.
Mr. Nanda told that signature is compulsory.
so in that case making a will or gift deed through email digital signature is compulsory.
am I correct?
R.K Nanda
(Expert) 24 September 2012
yes, ur correct.
Guest
(Expert) 24 September 2012
Dear Ayan,
Nowhere I had made any mention of SMS. You could well have a commonsense that an SMS is a "Short Message Service" and any will cannot be conveyed through short messages.
Your generic query, without your making a mention of any specific problem, was also replied in general sense by clearly statting "depends upon whether or not your email-will complies with the prescribed legal formalities needed for a will." Naturally, your email-will could be considered valid only if that would comply with requirements of law pertaining to wills. But you started flooding with supplementary queries, as if you are a law student asking your law teacher to make you understand the subject, as a whole, without any aim, object or to solve a specific problem.
Please note, we do not hold classes to reply academic queries made like students. You could have come forward with actual problem had you desired to sort out that problem, but not with generic query. I am sure, from your query after query, you would not desist from raising several of subsequent queries just like a student.
So, to understand everything clearly about a will, I would like you advise you to read IT Act along with Acts that deal with wills, i.e., (1) Indian Succession Act, 1925, (2) Hindu Law (Hindus Personal Law), (3) Muslim Law (Muslims Personal Law), and (4) Indian Registration Act, 1908.
However, if you have some specific personal problem pertaining to any will, you are welcome to raise that to get an appropriate solution.
AYAN
(Querist) 24 September 2012
to
mr PS Dhingra
thank you sir.
prabhakar singh
(Expert) 29 September 2012
"Are the GIFT DEED and the WILL are the same?
Are the gift deed and the "will" is same thing? or is it different thing?"
Answer: NO
"CAN ONE WRITE A GIFT DEED OR WILL IN EMAIL OR SMS?"
Answer: NO
is the signing of a gift deed or a will is compulsory?
Answer: YES IT IS COMPULSORY AND THE SIGN MUST BE ATTESTED BY TWO WITNESSES WHO SAW DONOR/TESTATOR SIGNING OR APPROVING THE SIGN AND THOSE TWO ATTESTING WITNESSES MUST ALSO SIGN BEFORE THE TESTATOR/DONOR.
HOWEVER GIFT OF MOVABLE IS POSSIBLE WITH DELIVERY OF POSSESSION ALONE.
a REQUEST.
THIS IS NOT A PLACE TO SATISFY FANTASIES.
