LAW BOOK

HT Estates - - Front Page - Su­nil Tyagi

I have al­ready ex­e­cuted my will but now want to make some changes in it. Is it safe to ex­e­cute a new will or will a cod­i­cil suf­fice?

— XYZ A cod­i­cil only amends a pre­vi­ously ex­e­cuted will. Hence, the in­ten­tion of the tes­ta­tor has to be car­ried out in terms of the will read with the cod­i­cil. The cod­i­cil will not su­per­sede the en­tire will. If you wish to make only a few changes in your will, it is sim­pler to ex­e­cute a cod­i­cil in­stead of re-writ­ing the en­tire will. Your cod­i­cil must clearly set out the changes in the man­ner of in­her­i­tance. If you wish to make many or sig­nif­i­cant changes with re­spect to your heirs and the man­ner of in­her­i­tance, you may ex­e­cute a new will in­stead. Once ex­e­cuted, the new will will be con­sid­ered as your fi­nal will and will su­per­sede your pre­vi­ous will/s. I have en­tered into an Agree­ment to Sell for pur­chas­ing a flat in Noida. As pos­ses­sion of the flat will only be given to me at the time of sale deed, is it nec­es­sary to get the doc­u­ment reg­is­tered?

— ABC As the prop­erty you wish to pur­chase is si­t­u­ated in Ut­tar Pradesh, the Agree­ment to Sell — ir­re­spec­tive of whether pos­ses­sion of the prop­erty has been given to you by the seller re­quires com­pul­sory regis­tra­tion. My two broth­ers and I jointly own a plot. I want to give my share in the prop­erty to only one brother. Also, I do not wish to ac­cept any pay­ment from him. Should I ex­e­cute a gift deed or re­lease deed for my share?

— EFG As you wish to give your share in the prop­erty in favour of only one coowner, to the ex­clu­sion of the other co-owner, you may ex­e­cute a gift deed of your share in the prop­erty.

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