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Transfering of ownership through Gift Deed if Will is still in power
03-Nov-2023 (In Property Law)
1) Once the WILL has been made it can be rewoke can a Gift Deed be made which is irrewokable if WILL is still there to transfer the asset.
2) And can opposition challenge the decision in the court of law against both WILL and Gift Deed?
3) What if the Gift Deed which is made to the person who is NRI and wants it to be
Made behalf of the local person and once they arrive can it be transferred or Specifically we can mention in Gift Deed?
1) Once the WILL has been made it can be rewoke can a Gift Deed be made which is irrewokable if WILL is still there to transfer the asset.
Answer: The latest document will have more probative value. Will need not be registered but a valid Gift Deed has to be;
2) And can opposition challenge the decision in the court of law against both WILL and Gift Deed?
Answer: Yes the other side can always challenge the documents;
3) What if the Gift Deed which is made to the person who is NRI and wants it to be Made behalf of the local person and once they arrive can it be transferred or Specifically we can mention in Gift Deed?
Answer: The NRI person has to visit the office of the sub-registrar. Only once the Gift Deed is registered then only it has value. Or the NRI person can have a POA. Consult a local lawyer with your documents and take steps.
Answer: The latest document will have more probative value. Will need not be registered but a valid Gift Deed has to be;
2) And can opposition challenge the decision in the court of law against both WILL and Gift Deed?
Answer: Yes the other side can always challenge the documents;
3) What if the Gift Deed which is made to the person who is NRI and wants it to be Made behalf of the local person and once they arrive can it be transferred or Specifically we can mention in Gift Deed?
Answer: The NRI person has to visit the office of the sub-registrar. Only once the Gift Deed is registered then only it has value. Or the NRI person can have a POA. Consult a local lawyer with your documents and take steps.
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Adv. Gowaal Padavi
Mumbai | 500+ Answers
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