Wondering whether does a gift deed override a will? No, a gift deed cannot supersede a will pertaining to the same property. They are the ways to transfer the property but are different from each other.
Let’s explore the differences between a gift deed and a will when it comes to property transfer:
Gift Deed
Purpose: A gift deed transfers ownership of real property while the grantor is alive.
Effect: It takes effect immediately upon execution.
Revocation: Once executed, it cannot be revoked.
Contestability: It cannot be contested by the grantor or their family after signing and delivery.
Will:
Purpose: A will comes into effect only after the death of the testator (person making the will).
Effect: The vesting of property occurs after the testator’s death.
Revocation: The testator can change or revoke the will during their lifetime.
Contestability: A will can be contested and may undergo probate.
I hope this helps!
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What are Will deed and Gift deed?
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No, a gift deed cannot supersede a will pertaining to the same property. They are the ways to transfer the property but are different from each other.
Can a subsequent gift deed supersede a will pertaining to the same property?
My father owned a 3 BHK in Pune and he mentioned the share of this house in his will amongst all three of his children, inculding me. But a gift deed exists for this same 3 BHK home, which has been given to my elder brother. My question is, can the gift deed override the will or?will the will be superior to the gift deed and make the deed null and void? I would appreciate if there's any legal practitioner who could solve my problem.
shivangi
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2022-09-02T12:12:50+00:00 2025-08-19T16:00:47+00:00Comment
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