Advocate Pushkarraj Gokalgandhi

07/04/2025

⚖️ Gift Deed vs. Will: Supreme Court Rules in Woman’s Favour After 30-Year Property Battle
A woman in Kerala fought a 30-year legal battle with her brother over their late father’s property. The father had gifted the property to his daughter in 1985 through a registered gift deed, with a condition that she would take possession after both parents passed away. In 1993, he unilaterally cancelled the gift and executed a sale deed in favour of the son.
After a long legal journey through trial court, fast-track court, High Court, and finally the Supreme Court in 2023, the verdict went in favour of the daughter.
🔍 What the Supreme Court Held
• Unilateral cancellation of a gift deed is void.
Once a gift deed is executed, accepted, and registered, it cannot be revoked unless:
o There's a clause for revocation in the deed.
o The grounds for revocation are legally proven in court.
• Sub-registrars cannot cancel registered documents unless empowered by court orders.
• Physical possession is not mandatory to establish acceptance of a gift, especially if the terms state possession will be transferred later.
📜 Gift Deed vs Will: Key Legal Differences
Point Gift Deed Will
When it takes effect During lifetime After death
Revocability Irrevocable once registered and accepted (unless conditions allow) Can be changed any time before death
Requires registration? Yes (for immovable property) Not mandatory, but highly recommended
Can be challenged? Yes, but difficult if properly drafted and accepted Yes, especially if ambiguity exists

🏛️ Legal Precedent Set
• Nomenclature isn’t final – Just calling something a "gift" or "settlement" doesn’t decide its legal nature. The content and intent matter more.
• Subsequent conduct of parties can be used to determine intent if the document is unclear.
• The intent of the executant, clarity of terms, and conduct all play a role in legal interpretation.
✅ Best Practices While Executing a Gift Deed or Will
• Write the document clearly and unambiguously.
• Register the document to establish authenticity.
• Include revocation clauses only if necessary.
• Use witnesses to strengthen enforceability.
• Use proper legal language and consider a lawyer’s help for drafting.

30/03/2025

HINDU SUCCESSION ACT, 1956
THERE IS NO PROVISION THAT DISQUALIFIES A WIDOW OF A MALE HINDU FROM INHERITING FROM HER HUSBAND IF SHE REMARRIES, AFTER HIS DEATH.
Section 14(1) categorically states that any property possessed by a female Hindu, whether acquired before or after the commencement of the Act, shall be held by her as full owner thereof and not as a limited owner. The explanation to section 14(1) clarifies that property includes both movable and immovable property acquired by a female Hindu by inheritance or devise, or at a partition, or in lieu of maintenance or arrears of maintenance or by gift from any person, whether a relative or not, before, at or after her marriage, or by her own skill or exertion, or by purchase or by prescription, or in any other manner whatsoever etc. We do not find any provision in Hindu Succession Act, 1956 in pari materia with section 2 of the Hindu Widows' Re-Marriage Act, 1856. In other words, there is no provision that disqualifies a widow of a male Hindu from inheriting from her husband if she remarries, after his death.

Note: - every effort has been made to avoid errors or omissions in these notes. In spite of this errors may creep in, any mistake or error or discrepancy noted may be brought to our notice which shall be taken care of. It is notified that neither the author of these notes or of this post will be responsible for any damage or loss action to any one or any kind, in any manner. It is suggested that to avoid any doubt the reader should cross check all the facts, laws and comments of the post with original government publication or notification.
From :- Adv. Pushkarraj M. Gokalgandhi,
Tel :- 8766714885, 9594901216
email :- [email protected].

24/03/2025

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04/02/2023

IMPORTANT POINTS IN ATTESTATION OF WILL Deposition given in court after many years of ex*****on of Will, then minor discrepancy in evidence bound to happen and so there is no ground for doubting attesting witness. Examination of one attesting witness is sufficient :- Section 68 of Indian evidence act provide that if documents is required by law to be attested, it shall not be used as evidence till one attesting witness has been called for purpose of proving the ex*****on of Will....

IMPORTANT POINTS IN ATTESTATION OF WILL Deposition given in court after many years of ex*****on of Will, then minor discrepancy in evidence bound to happen and so there is no ground for doubting at…

04/02/2023

Causal selection of the witnesses to the Will should be avoided as it   may create difficulty in proving the ex*****on of the Will. It should be    kept in mind that the attesting wi…

04/02/2023

Causal selection of the witnesses to the Will should be avoided as it may create difficulty in proving the ex*****on of the Will. It should be kept in mind that the attesting witnesses may on some future juncture be required to appear as a witness in the Court to prove the ex*****on of the Will. In selection of the attesting witness the following points should be considered;...

Causal selection of the witnesses to the Will should be avoided as it   may create difficulty in proving the ex*****on of the Will. It should be    kept in mind that the attesting wi…

04/02/2023

Section 63 of the Indian Succession Act, 1925 :-Ex*****on of Unprivileged Wills.- Every testator, not being a soldier employed in an expedition or engaged in actual warfare or an airman so employed…

30/01/2023

ATTESTATION OF WILL (ANIMO ATTESTANDI)

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29/01/2023

Stamp Duty :- No stamp duty is payable on ex*****on of a Will. A Will can be made on a plain paper. Registration :- Registration of a Will is optional and it is not compulsory. If desired it can be registered with the Sub-Registrar of Assurance’s office as per the provisions of S. 40 of the Indian Registration Act....

Stamp Duty :- No stamp duty is payable on ex*****on of a Will. A Will can be made on a plain paper. Registration :- Registration of a Will is optional and it is not compulsory. If desired it can be…