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vishal sharma (student)     11 June 2016

What will prevail? gift deed or will.

if gift deed and will are signed at the SAME TIME by a person in favour of 2 different persons(don't consider absurdity or his intention), which one will prevail? is there any case law on it? it is just an academic question.



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 3 Replies

G.L.N. Prasad (Retired employee.)     11 June 2016

The gift deed comes into operation with immediate effect, whereas the will comes into effect after his death.  If the gift deed is registered and mutation has taken place during life time of executant it prevails.

Kumar Doab (FIN)     11 June 2016

If the owner has deceased after signing the gift deed ,The gift deed should prevail.

GANDHI MOHAN BHARATI (Pensioner)     11 June 2016

Registered Gft Deed prevails over will. However, if both are unregistered, it is a mute point to be considered by an advacate


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