Gift of property

raokn (Querist) 03 March 2015 This query is : Resolved
can a person who received immovable property under a unregistered WILL gift it to a blood relation and register the document?

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P. Venu (Expert) 04 March 2015
Yes, provided the will has not been disputed and probate obtained, if necessary.

Rajendra K Goyal (Expert) 04 March 2015
Unregistered will is valid. Better get it probated.

ajay sethi (Expert) 04 March 2015
agree with experts

R.K Nanda (Expert) 04 March 2015
agree with experts.

Anirudh (Expert) 04 March 2015
First you have to get the property mutated on the basis of the WILL. (If probate of the WILL is required then that has to be obtained first).

Only thereafter, when the title becomes perfect, the person in whose favour the WILL has been given, can further GIFT it to anybody. OTHERWISE CERTAINLY NOT.

Dr J C Vashista (Expert) 05 March 2015
I agree with experts advise.

Devajyoti Barman (Expert) 06 March 2015
iF probate is mandatory then it has to be taken first.
If not then he can do so.

T. Kalaiselvan, Advocate (Expert) 07 March 2015
If the Will was acted upon and the possession of property taken then he can proceed with the proposed alienation.

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