• Deed of Will

Duni Chand distributed his property through "Deed of Will" to his 4 sons, and his wife, in 1944. This property is situated in Kasauli, Himachal Pradesh. Since the land was of Defence meaning Government of India, and was allocated on the basis of old grant, and as such mutation was entered in the GLR (General Land Register) by  Military Estate Officer -- at the designation of Defence Estate Officer.

Question is: Once an entry is made in the GLR in 1944, could Duni Chand re-gift the same property to some other person in 1954 without a Court Order -- given the property remained mutated for 10 years in the name of the persons mentioned in the "Deed of Will"
Asked 1 year ago in Property Law from Chandigarh, Chandigarh
Religion: Hindu
1) will takes effect on death of testator 

2) it appears that gift deed has been executed by Mr duni chand . nomenclature on deed has been wrongly mentioned as will .

3) once gift deed is executed Duni Chand ceased to be owner and cannot re gift the same property to others . . the earlier gift deed ahs to be set aside by court order 

4) it is necessary to peruse deed of will executed by Mr Duni chand to advice 
Ajay Sethi
Advocate, Mumbai
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Dee of Will is a legal declaration of the intention of a testator with respect to his property, which he desires to be carried into effect after his death. It includes codicil and every writing making a voluntary posthumous disposition of property. It is testamentary instrument by which a person makes disposition of his property to take effect after his death, and which, in its own nature, is ambulatory and revocable during his life. Thus, a Will can be changed by the executants as and when he so likes. It is a secret and confidential document which the executants is never ordered to produce.
The title holder  who acquired the property by allotment and the same was registered in the GLR, he becomes the absolute owner of the property hence he can dispose the land at his own sweet will and wish inthe manner he desires so to anyone of his choice.  There is legal bar to it.  By executing a Deed of Will, he expresses his desire for disposition  of his property after his demise, so there is nothing illegal about it especially when the will shall come into force only after his death.
However you may verify from the allotment letter for the conditions of disposal of property within the time span that may be stipulated as conditions of allotment. 
T Kalaiselvan
Advocate, Vellore
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Hello,
1) A Will is a document executed by a person while he is alive allocating or directing how his assets both movable and immovable have to be distributed/shared/disposed of after his death.It is a testament so that there is no confusion about his assets after his death among heirs or anyone else claiming after him.

2) The will becomes operational only after the death of the testator. He can change modify or make a new will during his life time.

3) It is possible that he transferred the property through a Gift Deed. A Gift Deed once executed is absolute and can not be revoked unless both the parties to the deed agree to cancel the same. Therefore the same property can not be gifted to someone else.
S J Mathew
Advocate, Mumbai
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65 Consultations
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1. Duni Chand could have made the gift during his lifetime. As long as he was alive he was at liberty to cancel the will and make the gift.

2. No court order was required to make the gift deed. 

3. There is no legal document such as 'deed of will'. The nomenclature is 'will'. However, it is the intention expressed in the document which creates the charter of rights.
Ashish Davessar
Advocate, Jaipur
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447 Consultations
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There is no use of referring to any settled law of supreme court or any other high court because the said cases may not be relevant to yours nor it is mandatory that the said law should be taken as precedence to decide your case even before there is any legal dispute pending in any court. You should not so much anxious over such things so soon.  
Consult a local expertise lawyer, discuss the issues at length and decide further course of legal action. 
T Kalaiselvan
Advocate, Vellore
13948 Answers
127 Consultations
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No SC case law is required. And I do no think there is one.
Ashish Davessar
Advocate, Jaipur
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447 Consultations
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