"will deed" after recent s.c judgement

GAURAV (Querist) 19 October 2011 This query is : Resolved
Sir, My father has execute "WILL DEED" of his house in favour of me. Is this "WILL DEED" will be legal/effective after the recent S.C judgement . Or I have to get executed "Gift Deed" from my father.

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Guest (Expert) 19 October 2011
will come into effect only after the demise of the testator. better to get a gift deed. This is get immediate effect of transfer.

R.Ramachandran (Expert) 19 October 2011
Dear Mr. Gaura,

The WILL granted by your father in your favour will not get hit by the latest Supreme Court Decision. So long as the WILL is genuine you will be safe.

The Supreme Court decision has no application to your situation.

The reference to 'WILL' in the decision given by the Supreme Court relates to a situation, where a party has sold its immovable property by simply executing a Sale Agreement/General Power of Attorney/WILL in favour of the buyer and the buyer does not get any SALE DEED executed and registered in his favour, but wants to deal with the property based on the GPA. In case the person who granted the GPA dies, the GPA will become invalid. The GPA holder cannot thereafter execute any sale deed on the basis of the GPA. But in such a situation, the person who was holding the GPA (which has become invalid due to the death of the person who granted the GPA) can then switch over to the WILL left by the deceased person and get the property mutated in his name.

What the Supreme Court was telling is that simply because one is having a Sale Agreement/GPA/WILL, without getting the SALE DEED executed and registered by paying requisite Stamp Duty, the Sale is not complete and the buyer would not get a proper title. Therefore, whoever is having such a GPA has to get the sale deed executed and registered to get his title complete.

Raj Kumar Makkad (Expert) 19 October 2011
I concur with the proper interpretation of latest law by Ramachanderan.

Nadeem Qureshi (Expert) 19 October 2011
I am agree with Mr. Ramchanderan's Interpretation

prabhakar singh (Expert) 19 October 2011
Nothing more can be added to well explicitly
explain view of Mr.Ramachandran.

Sailesh Kumar Shah (Expert) 19 October 2011
I have same words as Shri Prabhakar Singh.

GAURAV (Querist) 21 October 2011
THANKS YOU Shri R.RAMACHANDARAN and other experts for making my doubt clear.

Sankaranarayanan (Expert) 22 October 2011
yes our friend mr ramachandran explained his maximum and no more opinion need for it

Devajyoti Barman (Expert) 24 October 2011
Yes rightly advised.

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