Can gift be converted into a will
if a gift is not accepted by donee then can it be converted into a will if it fulfills all other essential requirements?
Asked 3 years ago in Civil Law from New Delhi, Delhi
no body can stop you from making a will,but point is will that person take care of property which he is not ready to accept as gift.
Advocate, New Delhi
There is no bar in converting the gift into a will if it fulfils all other essential requirements.
1)gift deed generally contains a recital clause that possession has been handed over to the donee. gift deed is completed when it is duly stamped and registered and possession is handed over to donee . .
2)once a gift deed is made title to property passes on the donee . donor ceases to be the owner of property . if donee is refusing to accept possession deed of cancellation should be executed with consent of donee .
3)then donor can make a will for said property
Once a gift deed in respect of a property has been made and accepted a will cannot be made respecting it. If it has not yet been accepted by donee then the same may be cancelled.
If acceptance has been made then the gift deed may be cancelled if both donor and donee are into a mutual agreement to cancel the same by way of a cancellation deed. Thereafter, a will may be made .