Gift deed

This query is : Resolved 
 


Querist : Anonymous (Querist)
06 April 2021

Have some queries on the Gift Deed with respect to Moveable properties:-

1. If the Gift Deed is executed wherein moveable assets are gifted to the DONEE and if something happens to the DONOR prior to execution and/or preparing the WILL, then will the Gift Deed be questioned? Is it necessary to mention all the moveable assets in the WILL (including the ones that the DONOR has already gifted via the Gift Deed to the DONEE)?

2. Can Fixed Deposits that are yet to attain maturity, be gifted by the DONOR to the DONEE via the Gift Deed?

3. Assuming if one of the heirs come to know that there are some more bank accounts and/or some moveable assets which have not been mentioned in the WILL (these are the ones that the DONOR has already gifted via the Gift Deed to the DONEE) and if the DONEE produces the Gift Deed which shows that the bank accounts and/or moveable assets which are missing in the WILL have already been gifted via the Gift Deed, then, can the Gift Deed be challenged by the Heir?


SHIRISH PAWAR, 7738990900Online (Expert)
06 April 2021

Hello,

The deposits or any other movable assets which have been already gifted need not be included in the WILL. It will not harm the ownership donee if it is challenged in the court. However, you cannot restrict any other person from challenging the WILL. You will have to fight out the case in the court of law.

Advocate Bhartesh goyalOnline (Expert)
06 April 2021

Movable assets which have already been gifted by registered gift deed need not to be mentioned in will.If gift deed is registered then its validity can't be questioned.
Fix deposits which are yet to be attained
maturity can be gifted.
Any person ( heir ) can challenge any documents but burden lies on him to disprove the documents.


Hemant AgarwalOnline (Expert)
06 April 2021

1. Once "ANY" type of property that is duly given away via a Gift Deed, THEN the original Owner does not remain its owner and CANNOT "WILL" away such property. IF Gifted away property is included in WILL, THEN the WILL shall be null & void upto the extent of the gifted property.

2. ANY other Legal Heir /Beneficiary of original owner have no legal right to claim any property that was duly Gifted away by original owner.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

kavksatyanarayanaOnline (Expert)
06 April 2021

1.In the Will the movables which were gifted need not be shown. It is of no use. 2.Yes. 3. Once either movable or immovable properties transferred via Gift deed, none of any can be challenged by the heirs.

Dr J C VashistaOnline (Expert)
07 April 2021

Whether any gift deed as well as will is required to be executed/ registered for a movable property ?

Sankar narayanan Online (Expert)
08 April 2021

Is it registered Gift deed on Movable Assets?



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