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UHi folks,
I’ve tried researching and reading prev posts on the topic but It gets me more confused. I would really appreciate some sane and detailed advice.So a couple of things:
There is an authorised gift deed in place between immediate family members. The donor was the sole owner of the property.
There is a will in place which also mentions the donee as the sole heir
Are these two things enough to ensure there is no legal contest in the future and the donee is in the clear?
Another thing is, there is a property with joint owners, both of them have a will in place that represents to same heir. Now, can one of the co owners challenge the will of the other person for complete/half share and disregard the heir. Considering one of the owner disregards their will willingly. What would happen to the other person’s will/share? Would the heir be only entitled to the other half of the share?
Third and final thing,
Considering we have both the property as gift deed to person A and also a second level security of a will giving Person A all the rights over the property. Is that enough to shield them in case of a legal affair?I would really appreciate any advice on this
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HActually having both gift deed and will may be counter intuitive, because validity of one may be challenged based on the other. Like if a property has been gifted, why would the person mention it in their will. Mentioning it in will would imply that at the time of death or making the will, the donor believed that it was part of his estate. This casts reasonable doubt on the validity of the documents and the transfer of property.
Someone wanting to challenge both could try to make out a case that the donor was forced to sign these agreements, or probably some foul play was involved or the donor was not having the mental capacity to understand the agreements he was signing at the relevant time.
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UAh, that’s something I did not consider. But if the will was made long before the transfer, will it still be counter intuitive? or a supplement to the fact that, the donor wanted xyz to be a donee and later went on to give it as a gift deed to the donee itself and now that the said property in the will stands already transferred or is it still counter intuitive and the will should be updated to reflect the changes?
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LOnce a gift deed is executed, the receiver of gift become owner. So the will become void as the doner no longer owns the property and hence cannot will it.
It doesn’t become second level of security. Actual security is when the legal heirs (atleast the potential trouble makers) also sign as witnesses on the gift deed stating they have no objection.
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Uahh makes sense. Thanks a bunch. A follow up, there are two legal heirs and it’s not possible to have the other one pose as a witness on the gift deed but everything is executed and well in order. Under normal circumstances, is the transfer bulletproof enough at least to hold a case if there may be an issue in future? or is there anything else one can do to protect themselves in the event something goes south?
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LGift deed is better as transfer is between 2 living people in front of the sub registrar. So it will hold solid in court.
Property got through will is transfer between a dead person and a living person. (Transfer happens after the death of the person). So since the dead cannot talk others can create problems. However if the will is registered then it will hold in court.
Most of the times if property came through will, the buyer might ask NOC from other legal heirs just so they don’t create problems later.
So gift deed is far better than a will. If you can, you can get a NOC from the other legal heirs just for your safety but not needed.
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LGift deed is better as transfer is between 2 living people in front of the sub registrar. So it will hold solid in court.
Property got through will is transfer between a dead person and a living person. (Transfer happens after the death of the person). So since the dead cannot talk others can create problems. However if the will is registered then it will hold in court.
Most of the times if property came through will, the buyer might ask NOC from other legal heirs just so they don’t create problems later.
So gift deed is far better than a will. If you can, you can get a NOC from the other legal heirs just for your safety but not needed.
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