can-settlementdeed-revoke-the WILL?
sunil gavaskar
(Querist) 17 May 2010
This query is : Resolved
Dear Experts,
I am Sunil and am buying a property-plot:22 which has the following title:
Few plots in a layout ( including plot:22) are owned by lady for past 40 years. In 2006 she had executed a WILL, where she mentioned that the plot:22 should go to her daughter after his life interest.
Suddenly, in 2007 she gifted ( Settlement Deed ) the same property-plot:22 to the same daughter's son i.e her grandson.
Now I am buying the plot from the grandson. Both mother and grandmother(age:81) are alive now.
Now the question is:
1. Does it require to cancel a particular a schedule ( i.e plot:22) as in mentioned in the WILL before gifting the same schedule to some one else?
2. Or is the particular schedule is cancelled automatically when gift deed is executed ??
3. Is it require to get signed from the grandmother and his mother as Witness , while I buy from his grandson?
Thanks for your help..
A V Vishal
(Expert) 17 May 2010
Will shall be executed only upon the death of the testator, in the instant case the gift deed was executed and registered during the life time of the testator and by the testator herself, so there is nothing to worry about, however as a measure of caution and in best interest to avoid any legal situation, if the daughter of the testator signs as a witness then there is no need to worry( even if the daughter does not signs as a witness still you need not worry).
Ashok Yadav
(Expert) 18 May 2010
For the same property by the owner of the property Will was executed earlier and the Gift deed was executed later. In this situation Will shall stand revoked in respect of plot no.22. The person to whom Gift is made shall be the exclusive owner and shall have marketable title of the Plot no. 22, before or after death of the executor of will and gift.
Uma parameswaran
(Expert) 18 May 2010
I am supporting the suggestions given by L.Friends.
Surrender K Singal
(Expert) 19 May 2010
Only to avoid future ill-advised litigation, you may get the testator / Donor grandmothewr and/or the daughter to witness your deal with the grandson, if possible;
There could be only one situation if the Gift Deed was fraulantly obtained and without Donor's express desire / intent to gift ????
That can be saved if they NOW witness your deal with gtrandson !
Jai Shree Ram !!
sunil gavaskar
(Querist) 20 May 2010
Thanks for everyone for clarifying it..
After discussion with our lawyer, we started proceeding with above procedure ( i.e getting witness from his mother and grandmother ).
Based on that, we have written the sale-deed like
' [Mentioning the WILL details ] Mother.. so and so ... grandmotehr so and so witnessing the sale deed so as to not to raise any case after death of grandmother'
The problem started when Sub-registrar has read the above drafted lines. The registrar strictly saying for not to mention anything about WILL in the sale deed.
Reason:
1. Some one can raise a case (though it wont get succeed )using WILL ( after death of grandma) with sub-registrar as one of the party. This will lead to unneccessary problem to him.
Or
2. Some can register the same plot based on WILL too ( may be using some fraud procedures/documents )
These are practical problems only and not a problem with respect to LAW.
Hence we decided to cancel the WILL alltogether and proceed with the registraton.
Learning for everyone, including for lawyers ;-):
Be aware of procedures followed in Sub-Registrar office before dealing with these type of cases.
Thank you all for valuable suggestions..
-Sunil
