Rajendra (mysore) 04 November 2011

Will vs gift deed

Hi,

My name is Rajendra I am currently in the UK at present. My father wants to gift me a house in India via “Gift Deed”. According to Indian law I need to be in India, sign the document to receive it in Sub register office India.

My father advised me that he will write a “Will” and once I go India, he will cancel the will and write a “Gift Deed”.

I know that “Will” can be cancelled by the donor at any time. But “Gift Deed” can not be cancelled.

My question about the will?

Can my father cancel the “Will” and write a “Gift Deed” to me? One of my friend advised that once my father writes a “Will” he can’t change to “Gift Deed” to same person?

I tried to contact solicitors in the UK and they don’t have any clue about Indian law. I would appreciate if some one could answer my question.

Thank you,

Rajendra

Reply Follow

7 Replies

kumar t v s (advocate) 04 November 2011

A "WILL" can be altered any number of times by the testator (maker of will) including cancellation.

A registered will can be cancelled by preferably a regd cancellation document. Incase of registration of a Gift Deed after a will is made it will not require any cancellation as the WILL will come into force after the death of the testator, and in this case the property is transfered by gift during the life time of testator.

Advise your father to write a WILL and later when you visit India a gift deed may be registered.

There is also a procedure to register a gift deed by attesting the document by you at UK and registering the same in India through a NOTARISED special power of attorney who can present the document before the Registering authority. You may also attempt this procedure.

Rajendra (mysore) 05 November 2011

Thank You very much. I really appreciate your help.

Rajendra

Rajesh Hazra (Mediator and Legal Counsel ) 05 November 2011

Dear Friend,

You have been rightly advised by Mr.Rajendra, but only the part whether Notarised power of Attorney would be accepted from UK by the Registration authorities depends. As Will specifies the Registrar to be sure about the execution.

BHANU RASPUTRA (ADVOCATE & SOLICITOR divyatta.r@gmail.com) 06 November 2011

kumar is right

natarasan (DISTRICT REGISTRAR) 07 November 2011

Dear Brother,

Suppose ur Father is in INDIA he can execute and register the property by a settlement deed without ur presence

which canbe revoked only by court of law

natarajan district registrar (retired)

K.P.Satish Kumar (Advocate) 08 November 2011

Your father can make a settlement deed instead of gift deed. So the stamp duty is less for the settlement deed. But he has power to cancell the settlement deed in his life time, unless the property is not further convenyed. simlarly he can also cancel and revoke the will as many times as he likes.

For detail:

K.P.Satish Kumar M.L..

Advocate:Chennai:- 9962111818

Moohan (Engineer) 08 November 2013

I am Mohan My father have two younger sisters.My Grandpa made settlement on 1993 to my father's first sister. Within Three years my Grandpa cancelled the settlement made to his doughter.and make a will to my father.When 1993 he has the age 69. So is it possible to cancel the settlement deed?

Note : In that settlement my grandpa mentioned that there is no rights to change or cancel this settlement for me.But after his Lifetime only she have to enjoy the property.