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Prabhu   14 July 2017

Will vs gift deed

My grandfather registered a will for her daughters , later he registered a gift deed for my father , but the previous will was not cancelled , property was not ancestral , but self owned by my grandfather & my father helped to construct the property,please advice will the previous registered will have an effect on the gift deed made in name of my father ?


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 14 Replies

Ms.Usha Kapoor (CEO)     14 July 2017

SUBSEQUENT GIFT DEED AUTOMATICALLY CANCELS THE PRIOR WILL IN FAVOUR OF  YOUR GRAND FATHER'S DAUGHTERS IN RESPECT OF THE SAME PROPERTY      .iF IT  IS A REGISTRED GIFT DEED YOUR FATHER GETS FULL  OWNERSHIP RIGHTS UNDER THE REGISTERED GIFT DEED.AS  IT IS YOURF GRAND FATHER'S SELF ACQUIRED PROPERTY AND HE CAN DEAL WITH IT IN WHATSOEVER MANNER HE LIKES.

Raveena Kataria (Advocate )     14 July 2017

A gift deed, unlike a will, is effective/operative immediately during the life-time of the donee/testator. If the gift deed was already accepted by your father during your grandfather's lifetime, the will shall be null and void. If the gift wasn't accepted by your father and your grandfather has passed, the will shall then be operative and the property would go to the grandaughters.

P. Venu (Advocate)     14 July 2017

The gift deed is unaffected by the WILL, but the WILL is cicumscribed by the gift deed.

Kumar Doab (FIN)     14 July 2017

Agreeing with members/experts.

The gift is complete the moment gift is accepted by donor and confers title with immediate effect.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     14 July 2017

Is there any property left as per will after the gift deed? If so such property can go to the daughters.

Kumar Doab (FIN)     14 July 2017

Agreed with Dr.M.P.S.Ramani,Mr.P.Venu.

Advocate Bhartesh goyal (advocate)     14 July 2017

Will comes into effect after the death of testator whereas gift comes into effect when donee accepts the same.

Kumar Doab (FIN)     14 July 2017

Hope you are satisfied.

Prabhu   14 July 2017

Thank you all answering d query

Kumar Doab (FIN)     15 July 2017

You are welcome.

 

 

 

T. Kalaiselvan, Advocate (Advocate)     18 July 2017

The will stands cancelled automatically once a registered gift deed is executed before the Will came into force.

 

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     19 July 2017

The will doen't get cancelled. It gets partially or wholly revoked by a later will or anything else such as a gift deed by the same testator.

Kumar Doab (FIN)     19 July 2017

It has been believed that you are all Hindu.

Confirm!

Kumar Doab (FIN)     19 July 2017

It is felt that the leftover estate/property mentioned in the WILL (after registered gift deed) is bequeathed to daughters.

Rest of the estate/property that is not disposed by WILL, Gift, is to devolve by applicable succession laws.


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