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"
What is the legal interpretation of "Deed of Will"? It looks like in Latin, "gift of real property is a WILL".
What is the legal interpretation of "Deed of Will"? It looks like in Latin, "gift of real property is a WILL".
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
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.
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.
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.
Dear Mr Ashish, Than you for the response. Would you be able to point us to any Supreme Court Case laws that offers supporting on intention creating a charter of rights. Warm regards Venkat
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.
No SC case law is required. And I do no think there is one.