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will not cancelled (Civil Law)

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This query is : Resolved

Author : Advocate.S.A.Siddiq

Posted On 24 December 2010 at 16:09

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?


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Expert : Devajyoti Barman

Posted On 24 December 2010 at 16:23

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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.

Expert : Y V Vishweshwar Rao

Posted On 24 December 2010 at 16:32

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.

Expert : s.subramanian

Posted On 24 December 2010 at 16:42

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.

Expert : Advocate Bhartesh goyal

Posted On 24 December 2010 at 16:59

Mr.Subramanian is right.

Expert : adv. rajeev ( rajoo )

Posted On 24 December 2010 at 17:40

Gift deed is valid if it is latest.

Expert : Kirti Kar Tripathi

Posted On 24 December 2010 at 18:36

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.

Expert : Khaleel Ahmed

Posted On 24 December 2010 at 18:45

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.

Expert : Adv. Satyendra kumar chauhan

Posted On 24 December 2010 at 21:00

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

Expert : Member (Account Deleted)

Posted On 24 December 2010 at 21:26

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.

Expert : Advocate. Arunagiri

Posted On 24 December 2010 at 22:17

Once the settlement is done, the Will has no value.

Author : Advocate.S.A.Siddiq

Posted On 25 December 2010 at 15:27

Dear experts all of thank you
The will and Gift deeds are registered.

Expert : Gulshan Tanwar

Posted On 27 December 2010 at 13:31

I hope author got the answer and if not then there are many case laws for the same.

Expert : Vijyant Nigam (09807349001)

Posted On 28 December 2010 at 13:13

in present case

the Will has no meaning


Expert : Arun Kumar Bhagat

Posted On 01 January 2011 at 22:03

Gift deed will prevail.



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