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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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 1 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.


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