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Savitha (software)     19 October 2024

Regarding property and will

Hi All,

My father made a Will 5yrs back diving the self acquired house 50-50 between me and my brother. Now he has gifted the same house in favour of me for which my brother also agrred. We have made the Gift deed in the sub resgister office. Should we cancell the old will or the gift deed will automatically over write the WILL, Should i take any no objection certificate from my brother.

Due to age factor my dad is using different singanture, Should we give Affidavit to change signature. Plz suggest

 



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 4 Replies

T. Kalaiselvan, Advocate (Advocate)     19 October 2024

Once the property has been transferred by gift deed even before the Will came into force then the Will becomes infructuous because there's no property to be acquired by the beneficiaries at the time of enforcement of the Will.

However your father can cancel the Will even now to ensure that there arises no dispute in future in this regard.

Advocate Bhartesh goyal (advocate)     19 October 2024

Gift deed executed by your father in favour of you is perfectly valid and legal. Since will comes in effect after the death of testator and till the death ownership does not transfer to beneficiaries and owner of property has every right to transfer the property to anyone before his death.

kavksatyanarayana (subregistrar/supdt.(retired))     19 October 2024

It is presumed that the property is your father's property so that he can gift it to you.  The will comes into force only after the life of the testator.  It is better to cancel the will to avoid litigations.

Dr. J C Vashista (Advocate )     20 October 2024

Gift deed shall prevail over the will since the gift shall be applicable / enforced immediately on its acceptance and registration.

Presumably the gift deed includes all properties of your father and nothing left out for consideration to pass on after his (your father's) death, isn't it ?

The will shall be applicable after death of testator for the property bequeathed, if any . 


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