Civil Procedure Code (CPC)

Will or Gift deed- Ideal for transfer

This query is : Resolved 

Querist : Anonymous (Querist)
04 October 2010

Hi, The query is with respect to a Known family(Christian) who had adopted a girl child & she has since attained majority. Now the Father wants to will his self aquired property to his wife(1st beneficiary) & after her demise to their only daughther(2nd beneficiary).
Now the concerns are;
1) Which is a better mode of transfer will or gift deed? And in the given instance can gift cover the clause of tranfer to 2nd beneficiary.
2) Should will be probated & any new ruling on the same?

Devajyoti BarmanOnline (Expert)
05 October 2010

Will seem to be the better option and Probate will be required to obtain on the death of the testator.

M V GuptaOnline (Expert)
05 October 2010

Gift deed transfers ownership(whether limited or otherwise)to the Donee (i.e., the person to whom the gift is made. The intention of the father is only to bequeath life interest to his wife and on her death absolute rights to his daughter. Hence execution of the will is the proper thing to do. Will has to be probated on the death of the Testator (i.e., the person making the Will)in order to make it legally recognizable by third parties.
M.V. Gupta.

Advocate. Arunagiri (Expert)
05 October 2010

The Will is less expensive solution. but the settlement is one of the best solution.

R.RanganathanOnline (Expert)
05 October 2010

I agree with Mr. Barman and Mr. M V Gupta since the intention of father is to pass on the property to his daughter. So will is the only option.

Uma parameswaran (Expert)
05 October 2010

WILL is the best option .

pawan sharma (Expert)
05 October 2010

i also agree with the experts.

Querist : Anonymous (Querist)
05 October 2010

Thanks...Can you pls provide any judgements wherein probate can we waived off for the purpose of Katha transfer(Revenue records)only. SInce in the given instance we may not have any 3rd party disputing the will.

Querist : Anonymous (Querist)
06 October 2010

Dear experts, Pls advice need to take the issue to logical end....

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