Expertise

Will and Gift Deed

Munir Legal Associate

A Will and a Gift Deed are two distinct legal instruments used for transferring property, each governed by specific legal principles.

A Will is a legal declaration by which a person (testator) expresses their wishes regarding the distribution of their property after death. It takes effect only after the testator's demise and can be revoked or altered at any time during their lifetime. Key case law includes Gnanambal Ammal v. T. Raju Ayyar (1950 SC 1), which held that a Will must be executed voluntarily and with a sound disposing mind.

A Gift Deed, on the other hand, is a voluntary transfer of property by one person (donor) to another (donee) during the donor's lifetime, without any consideration. It is irrevocable once executed and registered. In Naramadaben Maganlal Thakker v. Pranivandas Maganlal Thakker (1997 AIR 4265), the Supreme Court ruled that a registered Gift Deed cannot be revoked unless proven to be obtained under fraud, coercion, or undue influence.

Thus, while a Will provides flexibility until death, a Gift Deed is a final and binding transaction. Courts emphasize intention, voluntariness, and legality in determining the validity of both instruments.