• Gift deed and will can be changed or not

My grand father made a gift deed on my name and my mothers name house at hyderabad . i am married a got a child few months old can a write a will mentioning that neither me nor my mother cannot sell the property and keep to my child in future if so and in case of emergency after few years can i sell the property by cancelling the will deed both cases my mom is also willing .???  And can the registered will deed can be canceled or not if the will deed document is not available
Asked 3 years ago in Property Law
Religion: Hindu

First answer received in 30 minutes.

Lawyers are available now to answer your questions.

13 Answers

Gift deed - NO

Will- YES

If the property gifted is transferred to you , can be sold if will have no such clause restricts sale.

Vimlesh Prasad Mishra
Advocate, Lucknow
6799 Answers
23 Consultations

4.9 on 5.0

You can execute will in respect of share of property gifted to you

2) in said will bequeath property to your son

3) you are at liberty to revoke the will at later stage

4) you cannot impose any condition that mother cannot sell the property

5) registered will can also be revoked

Ajay Sethi
Advocate, Mumbai
80471 Answers
4927 Consultations

5.0 on 5.0

1. The property now is jointly owned by you and your mother.

2. You can execute a will bewtowing your share of the house to your child and not your mother's share.

3. Your mother can execute her will bestowing her share of the said property in favour of your child if ashe so wishes.

4. The said registered will or wills shall become cancelled and invalid in case you execute a fresh will thereafter and the last will of yiours and your mother will be treated as valid and enforceable before the law.

5. If the copy of the will is lost, a certyified copyt can be availed from the registration office.

6. However, probate of the will shall have to be taken by your child after your and your mother's demise to make the will enforceable as per law.

Krishna Kishore Ganguly
Advocate, Kolkata
25047 Answers
722 Consultations

5.0 on 5.0

1. It appears both you and your mother has half share in the proeprty gifted to you.

2.if that is so then you can execute Will only in respect of your sahre only and not relating to your mother;s share.

3.So you can out any such condition which restricts right of your mother to deal with her share of proeprty.

4.However you can put such condition to the beneficiary of Will which deals with your half share only.

Devajyoti Barman
Advocate, Kolkata
21978 Answers
325 Consultations

5.0 on 5.0

Yes, you can write a will Deed. You can cancel the will though it is registered.

Ravinder Pasula
Advocate, Hyderabad
400 Answers
125 Consultations

5.0 on 5.0

Will takes effect only on death of testator

During your lifetime you are liberty to take loan , sell the property

Only on your death would your child inherit the property

Ajay Sethi
Advocate, Mumbai
80471 Answers
4927 Consultations

5.0 on 5.0

1. As soon as the gift deed is executed the title of the property instantaneously transfers to the donee whereupon the donor ceases to have any right, title or interest in the property.

2. So if there is a gift deed executed in your favour then you are free to write a will in respect of your share in the property.

3. You do not have to mention in the will that you cannot sell the property as the will shall come into operation only after your lifetime.

4. Even after making a will you can sell the property as will does not come into operation until after the demise of the testator.

5. Writing a will does not have any impact on the prospects of obtaining loan.

Ashish Davessar
Advocate, Jaipur
30295 Answers
879 Consultations

5.0 on 5.0

1. Your will is your wish about what will be done with your property after your demise.

2. So long you live, the will shall have no value and you can change the will anytime during your will.

3. Will is not required to be registered also.

4. While proving loan the Bank will see the property documents i.e. in whose name the property stands for mortgaging the same for which your will for bestowing your said property to your child after your demise will in no way cause any problem for your getting loan.

5. You can also sell of your said property after executing the said will and in that case your will shall become defunct automatically.

Krishna Kishore Ganguly
Advocate, Kolkata
25047 Answers
722 Consultations

5.0 on 5.0

The Will can be modified, changed or be cancelled so if you and your mother wants to sell the property you both can cancel the Will and sell the property.

In the event if your going for loan with the Will registered in the name of you child, the Banker may ask you to cancel the Will before granting the loan and charge will be created on the property and on your both the names.

Rajashekar
Advocate, Bangalore
570 Answers
4 Consultations

4.8 on 5.0

U cannot WILL share of ur mother and u can not hold ur mother to sell her share.

WILL whether registered or not, can be canceled anytime before ur death.

Yogendra Singh Rajawat
Advocate, Jaipur
21421 Answers
31 Consultations

4.4 on 5.0

1. Will can be cancelled any number of times during your life time. Why you executing such Will, enjoy it, you child will earn for himself.

2. At the most sell the property and keep in FIXED DEPOSIT and enjoy its interest and your child will be nominee and after your death he may withdraw the amount or choose to enjoy the interest.

Kishan Dutt Kalaskar
Advocate, Bangalore
5699 Answers
254 Consultations

4.8 on 5.0

If you want to transfer the property to your minor child then you can do it only by executing a registered gift deed on its name, similarly your mother also can transfer it in the same manner.

The will whether registered or not cannot be jointly made by you and your mother for two different properties .

Your mother can write a will for her proeprties and you for your own property in favor of your child.

However please remember that the will shall be enforceable only after the lifetime of the testator and not before that hence the proeprty bequeathed thrrough a will can be sold during the lifetimne of the testator without taking the consent of the beneficiary.

T Kalaiselvan
Advocate, Vellore
70524 Answers
985 Consultations

5.0 on 5.0

If we both have written will and incase we would like to go for house loan for construction will i get a loan because. We have written will on child after our demise and can we sell the property any time even after writing will on my chikd name ???? Mom and me also intrested

You and your mother can write wills seaprately bequeathing the property on your minor son's name.

Please be aware that that the will shall be enforceabloe only after the lifetime of the testator and not before that.

Therefore the testator can sell the property bequeathed in the will during his/her lifetime and there is no legal impediment in it.

T Kalaiselvan
Advocate, Vellore
70524 Answers
985 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer