Relationship between Will, Gift Deed and Relinquishment Deed

The interplay of Wills, Gift Deeds, and Relinquishment Deeds in India regarding property transfer among family members is very common. Each document serves a unique purpose and carries distinct legal implications. Whether you’re planning your estate or verifying property ownership, it’s crucial to understand how these instruments operate, especially when inheritance and succession are involved.

Will for Property Verification

A Will is a legal document that shows a person’s wishes on how their property should be distributed after their death. It occurs only after the testator (person making the Will) passes away. For property verification, checking the validity of a Will deed involves ensuring it’s properly signed, witnessed, and ideally registered (though registration is not mandatory under Indian law).

The Will deed should specify all movable and immovable properties, the beneficiaries, and the executor. Legal heirs often go through a court process to validate and carry out the Will, especially in major cities.

Also Read – How to Cancel Gift Deed

Gift for Property Verification

A Gift Deed is a legal document used to voluntarily transfer ownership of property to another person without any monetary exchange. It is irrevocable once executed and registered. For property verification, the donee (receiver) must ensure the Gift Deed is:

• Executed on a proper stamp paper,
• Registered under Section 17 of the Registration Act, 1908,
• Accepted by the recipient during the donor’s lifetime.

This type of transfer is commonly used between blood relatives to avoid future disputes and often requires less documentation than a Will.

Relinquishment Deed for Property Verification

A Relinquishment Deed is used when a legal heir wants to relinquish (surrender voluntarily) their legal rights in a jointly owned property, often in favour of another legal heir. It is common among family members to simplify ownership when property is inherited.

For verification, you need to review:

• The relinquishment deed format to ensure it includes details of the parties, property description, and the nature of relinquishment.
• Registration status: The deed must be executed on a proper stamp paper and registered with the local sub-registrar office.
• Stamp duty on relinquishment deed varies across states and often depends on whether the transfer is among blood relatives.

Understanding the relinquishment deed meaning and its correct legal execution is essential to avoid complications in future property claims.

If you are planning to register your will so we would be suggest you that know the types of will you have. other wise, it having a unwanted circumtance while transfering the assest and property.

Relationship between Will, Gift Deed and Relinquishment Deed

Will and Gift Deed, and Relinquishment Deed are instruments for transferring property, but they differ in timing, intent, and legal implications:

• Will: Comes into effect after death; revocable during the testator’s lifetime.
• Gift Deed: Immediate transfer; irrevocable once accepted and registered.
• Relinquishment Deed: Applies to inherited property; used by co-owners or legal heirs to surrender their share.

They can sometimes overlap. For example, A father writes a Will stating that his house will go to his elder son after his death. Later, while still alive, he executes a Gift Deed transferring the same house to his younger son. The Gift Deed overrides the Will, since it’s an immediate and legally binding transfer done while the father is alive.

Each document requires careful legal drafting, correct format, and compliance with applicable stamp duty on the relinquishment deed or gift deed. Also, conflicts may arise when there’s a mismatch between documents like a Will and a Relinquishment Deed, making professional advice essential.

Frequently Asked Questions (FAQs)