Gifting Property Thru a Registered Will Deed

770 votes

Hi,
Going by the limited information provided by you, it is essential to under what kind of property are you considering to gift you Son. Is it a Self Acquired Property or Family Owned property. Do you have a clear title of the same.

For better understanding of the matter and advising properly, it is advised to have a meeting virtually/ physically.

Advocate Ayush Kapur LawRato

737 votes

probate is must if property is not situated in UT. in absence of probate you are not recorded owner of property so you cannot transfer property. Gift and WILL are two different and distinct mode of transfer. In case of gift certain formalities are required to be fulfilled including payment of stamp duty in accordance with value of property involved. in case of WILL which is enforceable after death of executant also requires certain formalities. so you cannot gift through will. Either you can make gift or can make WILL but not both simultaneously.

Advocate Siddharth Srivastava LawRato

862 votes

yes you may make a will according to which your property will be transferred to your son after death.
in Delhi, obtaining probate if will is not compulsory for transferring the property in name of your son and he will not face any issues in transferring the property to any third person
should you have any questions feel free to contact me

Advocate Kunal Seth LawRato

923 votes

We need more facts on your case …if you want to give your property to your son after your death then you must get the will registered. We want to know how many legal heirs are you ? Plz b in touch to understand the legalities

Advocate D. Khan LawRato

730 votes

Hello

You may very well gift the property to your Son via Gift Deed, Which you had received through Registered Will, without getting it probated. In Delhi Getting the probate of the Will is not compulsory. And it also depends upon the Concerned Sub Registrar also.

Advocate Shrikant Samantara LawRato