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Can gift deed and will can be legally made at the same time


29-Jul-2023 (In Property Law)
My mother made a will for one portion and Gift deed to another one at a time in a day in favor of me in presence of mine. So my question is that WILL AND DEED is Valid....Thanking you all the Professionals. ...
Answers (2)

Answer #1
831 votes
Hi
Gift deed (if it is registered) will be first as the gift passes on from the donor(mother) to the donee(yourself or whomsoever) on the very next minute the donee accepts the Gift.
The Will will take effect only after the life time of the person.
however if the person has gifted away the property during the life time, then there will not remain any property and hence the WILL will be invalid as there is no property left over.

Answer #2
735 votes
HI,
both will and gift is valid if both are executed properly. a gift deed of immovable property without registration is not valid.
if will is not registered you have to get permission from the court. this is the procedure laid down in the law,
if you registered the both documents in the same day then no problem both are valid.

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