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V Subba Reddy T   05 July 2019

property transfered on un register will

sir

one lady gifted some property to her relative in 2009 stating that she got that property from her father through un register will in 1970. her father died in the year 1972. and she died in 2011, now legal heirs
of her father calling in court that
there is no will and the gift receiver not filed the the unregister will in the

court .


clarification requited to prove the existing of the will , whether the gift
receiver need to produce the will in the court or register gift deed is sufficient to prove the existence of the will.

kindly advise


Learning

 2 Replies

Adv Rohit Dalmia 9324538481 (Lawyer)     05 July 2019

Dear Querist!

 

Registered Gift Deed and Will are two difeerent ways to transfer the poperty.

Gift is done and come into force during the life time of the person who is giving gift. Whereas, the will comes into force only after the executor of the will dies.

 

In your case, if the registered gift deed was present then the lady need not required will to be produced before the court for that property receivd by her through her father by way of Registered Gift Deed.

 

Also she was enjoying adverse possession on the property.

 

Regards

Adv. Rohit Dalmia

9324538481

V Subba Reddy T   12 July 2019

in this case there is no register gift to daughter, she transfered the property to her relative stating that she got unregister will from his father , in 1970, we have doubt that there is no will and gift deed made to third party with the help of registor,
now the will is required to produce in court or not
regards
tvsr

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