A relative of mine has produced a gift deed from my Mother which affects my rights of inheritance. In this deed, this relative and his wife, the beneficiaries of this deed, are the only two witnesses. Is such a Gift Deed then valid? Please advise.
Malcolm Printer 26 January 2017
A relative of mine has produced a gift deed from my Mother which affects my rights of inheritance. In this deed, this relative and his wife, the beneficiaries of this deed, are the only two witnesses. Is such a Gift Deed then valid? Please advise.
Kumar Doab (FIN) 26 January 2017
There is no such bar.
If the gift deed is duly registered, then it should be valid.
Sunil Gupta (None) 26 January 2017
Is this a registered will? In that case it will be presumed that the will is valid and you will have to prove undue influence by the beneficaries, as well as show why the will is unnatural.
In case the will is unregistered, ask for the will to be probated, and stake your claim. The beneficaries will have to prove why the will is to be considered valid.
As far as I know if the beneficaries sign as witnesses it adds to the "cloud of suspicion". Yet the law only states that two witnesses are needed to witness the signature, and there is no need to read the contents of the document.
Malcolm Printer 04 February 2017
Thank you!
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