Legal Question in Real Estate Law in India

Property

What is a will?. Is it same as gift. How can my father transfer his hardearned property to my mother through will. Is there any other means through which a property can be transferred to a person within a family.

Which is the wise way of doing.


Asked on 5/19/08, 1:53 am

5 Answers from Attorneys

Homi Maratha N.N. Maratha & Co.-Advocates

Re: Property

Will is different from gift. Its not same!

Will comes in play after the death of the testator and on the other hand Gift operates immediately.

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Answered on 5/23/08, 5:54 am
Shrichand Nahar S.V.Nahar, Advocate

Re: Property

Will is not same as gift. Will operate on demise of testator, while gift operate immediately.

There are also stamp duty related aspects concerning will and gift.

You should consult your lawyer with all details to get proper advice.

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Answered on 5/19/08, 2:38 am
Shrichand Nahar S.V.Nahar, Advocate

Re: Property

How many times you will ask same question?

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Answered on 5/19/08, 3:47 am

Re: Property

WILL is the wishes/desire of a person.It is another mode of transfer of property but it is not a gift.Your father gift his property to your mother.Making gift is a wise step.

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Answered on 5/21/08, 1:35 pm
Vivek Mapara Vivek N. Mapara

Re: Property

WILL comes into play only after the death of testator. However, gift invest right title and interst in the property as soon as the same is executed.

Family arrangment / partition, is also one of the mode of transferring the property

Feel free to contact

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Answered on 5/19/08, 6:17 am


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