Will cancellation
yamni2011
(Querist) 02 November 2014
This query is : Resolved
My aunt (mother’s younger sister) has a property (House) in her name. Her husband has expired long before and she has no children. Now she wants to transfer the property in my name. As I am working in North India and her health condition was not good,she had executed will in my name and registered immediately.
Now after one month, she wants to gift the property in my name. My query is:
1. Is cancellation of will executed earlier is necessary since both will and gift deed are in my name ?
2. Can Gift deed be challenged after her death?
Devajyoti Barman
(Expert) 02 November 2014
1, No NEED FOR CANCELLATION OF wILL. gIFT ITSELF WOULD OPERATE AS CANCELLATION OF WILL.
2.Not likely but if it is then very difficult to set it aside.
Sailesh Kumar Shah
(Expert) 03 November 2014
1. There is no requirement to cancel will.
2.get gift deed executed and registered. We are giving legal opinion not prediction i.e. gift deed can be challenged or not ?
ajay sethi
(Expert) 03 November 2014
she can execute a gift deed in your favour even if will has been executed by her .
malipeddi jaggarao
(Expert) 03 November 2014
Agreed with experts. If somebody wants to challenge the alienation of property, he/she/they can do either the alienation is by way of registered gift deed or registered will.
T. Kalaiselvan, Advocate
(Expert) 06 November 2014
If your aunt is having an indisputable title to the property intended to gift it to you by executing a gift deed, you can be free about it in the future too about any dispute or litigation that may arise in the future after her demise or during her life time.
