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What are Will deed and Gift deed?

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0 2024-05-03T10:17:51+00:00

Let’s explore the concepts of Will deeds and Gift deeds.

Will Deed:

A will (also known as a testament) is a legal document that outlines a person’s wishes regarding the transfer of ownership of their property upon their death.

Key points about wills:
  • Legal Declaration: A will is a legal declaration of the testator’s intent to dispose of their assets after their demise.

  • Effect After Death: A will comes into effect only after the testator’s death.

  • Written or Oral: Wills can be in writing or, in certain jurisdictions, oral (nuncupative wills).

  • Transfer of Assets: It specifies how the testator’s assets (such as property, money, or possessions) should be distributed among beneficiaries.

  • Revocable: A will can be revoked multiple times and need not be registered.

  • Types of Wills: There are various types of wills, including privileged, unprivileged, contingent, joint, mutual, and holograph wills.

Gift Deed:

A gift deed is a legal instrument used to transfer ownership of an existing property from one person (the donor) to another (the donee).

Key points about gift deeds:

  • Transfer During Lifetime: Unlike a will, a gift deed allows the receiver (donee) to become the owner of the property during the transferor’s (donor’s) lifetime.

  • Irrevocable (Usually): Once executed, a gift deed is generally irrevocable, except under specific circumstances.

  • Essential Elements: A valid gift deed requires elements such as existing property, no consideration (it’s a gift), free consent of the donor, and acceptance by the donee.

  • Types: Gift deeds can be revocable or irrevocable.

  • Registration: Gift deeds must be registered with the appropriate authorities.

  • Tax Implications: Gift deeds have tax implications, especially under income tax laws.

Distinguishing Between Wills and Gift Deeds:
  • Timing: Wills take effect after death, while gift deeds transfer ownership during the donor’s lifetime.

  • Revocability: Wills can be revoked, but gift deeds are usually irrevocable.

  • Registration: Wills need not be registered, but gift deeds must be registered.

  • Purpose: Wills focus on asset distribution after death, while gift deeds involve immediate transfer of ownership.

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Hope this information helps you!

Read More:

How to do property transfer through Gift Deed?

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