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nandan (student)     30 June 2013

Gift deed and will

Plz Help me … How change the Gift deed and Will, which make dated on 20-07-2011 in West Bengal ???


Learning

 4 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     30 June 2013

Gift deed and WILL both are different docuements. The querry is not clear.

Advocate M.Bhadra   30 June 2013

WILL:---A will is the legal instrument that permits a person, the testator, to make decisions on how his estate will be managed and distributed after his death. At Common Law, an instrument disposing of Personal Property was called a "testament," whereas a will disposed of real property. Over time the distinction has disappeared so that a will, sometimes called a "last will and testament," disposes of both real and personal property.

GIFT:---Gift" is the transfer of certain existing movable or immovable property made voluntarily and without consideration, by one person, called the donor, to another, called the donor, and accepted by or on behalf of the donee.

Acceptance when to be made-Such acceptance must be made during the lifetime of the donor and while he is still capable of giving.

If the donee dies before acceptance, the gift is void.

Gift can not change,but during life time of Donor he can rectify only.The Testator can change the WILL several times during his life time.

jayakumar.R (ADVOCATE & LEGAL CONSULTANT)     01 July 2013

WILL DOCUMENT COME INTO EFFECT AFTER DEATH OF THE TESTATER BUT SETTLEMENT DEED IS EXECUTED OUT OF LOVE AND AFFECTION BETWEEN BLOOD RELATIVES. IT GIVEN ABSOLUTE RIGHT  IMMEDIATELY AFTER EXECUTION TO DONEE.

KUMAR (CA)     04 July 2013

I just wanted some clarification , Property gifted once , is it possible to execute the cancellation of the gift deed with out any notice ? if so what legal action I can take


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