R .deed Issue

Abhishek Gupta (Querist) 24 April 2011 This query is : Resolved
Dear Experts

Please advice Can a owner of a Registered Will gift the property without Relinquishment Deed (R.Deed)?

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M/s. Y-not legal services (Expert) 24 April 2011
Sure. He having rights on the property..

Abhishek Gupta (Querist) 24 April 2011
Sir, Wot r d factors on which expense of Gift deed depend??

Devajyoti Barman (Expert) 24 April 2011
Owner of Will, what does that mean?
Presuming you talking about beneficiary of the Will, he can transfer the same to any person he likes.
Stamp duty of gift deed depends upon the particular State Act.

R.Ramachandran (Expert) 24 April 2011
The WILL would become effective only after the demise of the person granted the WILL. During the life time, the person who granted the will can do anything with the property. He can even sell it, or revoke the will and write a fresh will etc. A property should be in existence for a person to transfer the same in favour of anybody. In the case of a WILL, no property is in existence in the name of the holder of WILL currently. Therefore, the question of executing any Relinquishment Deed based on a Rgistered Will is not possible or legally valid.