Family
Making a will, gift deed or release deed — passing property to family
A will takes effect after death and can be changed any time. A gift deed works now and is hard to undo. Choose with care.
Answer a few questions and get your list →What the law says
A will must be in writing, signed by the person making it and attested by two witnesses (Indian Succession Act, 1925); registration is optional but helps. A gift of immovable property must be by a registered deed (Transfer of Property Act, 1882) and stamp duty applies, often reduced for close family. A release/relinquishment deed by a co-owner must also be registered. Muslims can will away only up to one-third without heirs’ consent. Under the Senior Citizens Act, 2007, a gift made on the condition of being cared for can be cancelled by the tribunal if that care is not given.
General information, not legal advice.
Papers that usually help
- Title documents for each property (sale deed, mutation, tax receipts)
A will or gift cannot pass more than you own. - List of assets with account / folio / policy numbers and current nominees
Avoids gaps and conflicts with nominations. - Names, ages and addresses of family members and beneficiaries
Clear identification avoids challenges. - ID proof of you and the beneficiaries
Needed for registration. - Two adult witnesses who are not beneficiaries
A will without two witnesses can fail. - A doctor’s note that you are of sound mind (helpful if older or unwell)
The most common challenge to a will is mental capacity. - Documents showing the co-ownership and the other co-owners’ details
A release deed must describe the share given up. - The registered gift deed and proof of the care condition
Needed to cancel a gift under the Senior Citizens Act. - Check stamp duty and registration fee for family gifts in your state
Many states charge much less for gifts to close family.
Questions Saboot will ask you
- What do you want to do?
- What property is involved?
- Is the property self-acquired or ancestral / joint family?
- Which personal law applies to you?
- Could anyone in the family object later?
Sources
- Indian Succession Act, 1925 and Registration Act, 1908
- Maintenance and Welfare of Parents and Senior Citizens Act, 2007
- NALSA — free legal aid
Common situations
- Want to make a will for my property
- Want to gift property to my child
- Siblings want me to sign a release deed
- Want to cancel a gift deed I made
- Parent gifted property to one child only
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