will not cancelled
Advocate.S.A.Siddiq
(Querist) 24 December 2010
This query is : Resolved
A hindu maled died... his life time he execute the will in favour of one son. without cancellation of will he execute the gift settlement to another son. (same property)
Now which is valid ? Who claimed their rights as per law?
Devajyoti Barman
(Expert) 24 December 2010
If the property is his self acqured then the second Will(validly executed) would only prevail even if it is silent about the first Will presuming the first one is Will and not family settlement deed.
Y V Vishweshwar Rao
(Expert) 24 December 2010
The Will Deed will come in to operation only after the Death of the Testator - the Gift Deed will transfer the property on its execution and Registration - The Hindu who executed Will Deed at one stage - subsequently transfered the same property by Gift Deed in favour of another son - The will Deed is cancelled or not - the Gift Deed to be implemented- as the said Hindu did not allow the Will deed to come in to operation - before that he transfered his i property.
s.subramanian
(Expert) 24 December 2010
The execution of the gift settlement deed seals the fate of the will. It prevails over the will and what is valid is the gift deed.
Kirti Kar Tripathi
(Expert) 24 December 2010
Gift deed is valid in case, the property passes in the hand of donee. as the will will operate only after the death and gift during the life time of executor. but in case, property is not passes in the hand of donee in the life time, the gift is not completed and as soon as executor dies, it lost its effect and will shall prevail.
Khaleel Ahmed
(Expert) 24 December 2010
As soon as the gift made, the physical pocession of the property shall also delivered to the donee. There will be no meaning of the past will executed by the donor.
Adv. Satyendra kumar chauhan
(Expert) 24 December 2010
The whole problem lies in one question whether gift deed was registered or not. if it was duly registered then gift deed will prevail over former will.
See case - R.N. Dawar Vs ganga ram saran dhama AIR 1993 Del 19
Guest
(Expert) 24 December 2010
This is a case of serious nature, where it involves a roving enquiry with sound evidences. Unless the father written on the Gift Deed a clause that he executed a Will already in favour of his one son and the same is treated as cancelled on execution of the Gift Deed in favour of another son, the Court is the ultimate to decide the veracity of both the documents, more particularly the Gift Deed, after examining the Witnesses to both the documents to clear the cloud. I think this case would become a leading case in future, if it is legally fought by the parties concerned till end.
Advocate. Arunagiri
(Expert) 24 December 2010
Once the settlement is done, the Will has no value.
Advocate.S.A.Siddiq
(Querist) 25 December 2010
Dear experts all of thank you
The will and Gift deeds are registered.
Gulshan Tanwar
(Expert) 27 December 2010
I hope author got the answer and if not then there are many case laws for the same.
