Mothers gifted property will written to daughter only

Question

► My mother has a property gifted to her by her father. Now she wants to gift it to me . She wants to write a will and do not want to register it . Will my brother be able to challenge the will if the will is not registered since it is a gifted property. He is acquiring my fathers property which was bought by my father but still he wants to acquire mothers property as well.Is it ok to write a will and just leave it or is it better to get registered to avoid any future disputes.

Answer 1

Dear Client,

The Indian Succession Act of 1925 and Sec.18 of the Registration Act of 1908 provide that it is not mandatory to register a will. Generally, because the property has been gifted to your mother, it is considered to be her absolute property under Sec.14 of the Hindu Succession Act, allowing your mother complete discretion in making a will regarding this property. An unregistered will is also valid, but your brother may try to contest a will in court if it is not registered. An unregistered “WILL” will have less evidentiary value than a registered will, and it will be much more difficult for your brother to contest the will based on the grounds of forgery, coercion or the testator’s lack of capacity. It is therefore highly advisable that you register your mother’s will now, to minimise potential disputes over it in the future. I hope this answer helps. If you have any further query kindly do not hesitate to contact us. Thank you

Mothers gifted property will written to daughter only

1 Answer