Dr RAM MANOHAR LOHIYA

NATIONAL LAW UNIVERSITY, LUCKNOW

ACADEMIC SESSION:

2022-2023

PROPERTY LAW

Project on:

Concept of Gift, Difference with Will & Partition

SUBMITTED TO

DR. MANISH SINGH

ASSOCIATE PROFESSOR

(LAW)

SUBMITTED BY

PRACHI PANDEY

SEMESTER - VI

ENROLMENT NO:- 200101171

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ACKNOWLEDGEMENT

I owe a great many thanks to a great many people who helped and supported me during the
making of this project.

The name, Dr. Manish Singh stands on the top of this hierarchy. A very warm thank you to
my professor, who guided me throughout the project and also helped with my research,
without the pioneer guidance of such a preceptor, it would have been impossible and
impractical to embark on an undertaking such as this..

I would like to acknowledge the wealth of information I received from the many blogs, web
resources and online articles. The invaluable information contained in them provided the
chassis upon which further development was possible to commence. I convey my gratitude to
the various authors of the aforesaid resources along whose disseminations on the topic turned
out to be priceless.

RESEARCH METHODOLOGY

The research is strictly doctrinal, the sources being exhaustive and limited to the internet,
books, journals and newspaper articles, although reference to all of the aforementioned
sources may not be necessarily made. For the presentation of information in the correct
perspective, due care has been ensured.

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Contents
Introduction ............................................................................................................................ 4

Concept of gift ........................................................................................................................ 4

• Essentials of a valid gift ......................................................................................... 4

Provisions of a valid gift under the Muslim Law ...................................................................... 8

• Essentials of a valid gift ......................................................................................... 8

Types of gifts....................................................................................................................... 9

• Void gifts ............................................................................................................. 9

• Inter vivos ............................................................................................................ 9

• Onerous gifts ........................................................................................................ 9

• Outright gifts ........................................................................................................ 9

Concept of will........................................................................................................................ 9

Provisions for a valid will under the Indian Succession Act, 1925 ............................................ 10

• Essentials of a valid will ...................................................................................... 10

Provisions of a valid will under the Mohammed Law ............................................................. 11

• Essentials of a valid will ...................................................................................... 11

Types of will ..................................................................................................................... 12

• Contingent wills ................................................................................................. 12

• Joint wills .......................................................................................................... 12

• Concurrent wills ................................................................................................. 12

Partition ............................................................................................................................... 13

Difference between partition and will………………………………………………………….18

Comparison between gift and will............................................................................................ 19

Conclusion .......................................................................................................................... 20

References ......................................................................................................................... 20

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Introduction
A Gift is generally regarded as a transfer of ownership of a property where the sender willingly
brings into effect such transfer without any compensation or consideration in monetary value. It
may be in the form of moveable or immoveable property and the parties may be two living
persons or the transfer may take place only after the death of the transferor. When the transfer
takes place between two living people it is called inter vivos, and when it takes place after the
death of the transferor it is known as testamentary. Testamentary transfers do not fall under the
scope of Section 5 of the Transfer of Property Act, and thus, only inter vivos transfers are
referred to as gifts under this Act.

If the essential elements of the gift are not implemented properly it may become revoked or void
by law. There are many provisions pertaining to the gifts. All such provisions, for example, types
of property which may be gifted, modes of making such gift, competent transferor, suspension
and revocation of gift

Gifts and wills both are certain documents that are used while transferring some property from
one person to another. Although both these documents are used for similar purposes, they are
different from each other. A gift is more or less an immediate process that does not take much
time to prepare whereas a will is more of a thoughtful process that takes a longer time.

Concept of gift
A gift in its general sense means a form of reward or a token of appreciation given at weddings,
birthday parties, etc. In terms of law, however, a gift is considered as a transfer of ownership of
property from one person to another. It is mentioned in the TP Act, 1882 in section 122 as a
transfer of movable or immovable property which is existing. These transfers should have valid
consideration and must be done voluntarily.

Essentials of a valid gift

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 ❖ Parties to a gift transfer

Donor

The donor must be a competent person, i.e., he must have the capacity as well as the right to
make the gift. If the donor has the capacity to contract then he is deemed to have the capacity to
make the gift. This implies that at the time of making a gift, the donor must be of the age of
majority and must have a sound mind. Registered societies, firms, and institutions are referred to
as juristic persons, and they are also competent to make gifts. Gift by a minor or insane person is
void. Besides capacity, the donor must also have the right to make a gift. The right of the donor is
determined by his ownership rights in the property at the time of the transfer because gift means
the transfer of the ownership.

Donee

Donee does not need to be competent to contract. He may be any person in existence at the date
of making the gift. A gift made to an insane person, or a minor, or even to a child existing in the
mother’s womb is valid subject to its lawful acceptance by a competent person on his/her behalf.
Juristic persons such as firms, institutions, or companies are deemed as competent donee and gift
made to them is valid. However, the donee must be an ascertainable person. The gift made to the
general public is void. If ascertainable, the donee may be two or more persons.

❖ Essential elements

There are the following five essentials of a valid gift:

1. Transfer of ownership

2. Existing property

3. Transfer without consideration

4. Voluntary transfer with free consent

5. Acceptance of the gift

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 Transfer of ownership

The transferor, i.e., the donor must divest himself of absolute interest in the property and vest it in
the transferee, i.e., the donee. Transfer of absolute interests implies the transfer of all the rights
and liabilities in respect of the property. To be able to effect such a transfer, the donor must have
the right to ownership of the said property. Nothing less than ownership may be transferred by
way of gift. However, like other transfers, the gift may also be made subject to certain conditions.

Existing property

The property, which is the subject matter of the gift may be of any kind, movable, immovable,
tangible, or intangible, but it must be in existence at the time of making a gift, and it must be
transferable within the meaning of Section 5 of the Transfer of Property Act.

Gift of any kind of future property is deemed void. And the gift of spes successionis (expectation
of succession) or mere chance of inheriting property or mere right to sue, is also void.

Transfer without consideration

A gift must be gratuitous, i.e., the ownership in the property must be transferred without any
consideration. Even a negligible property or a very small sum of money given by the transferee in
consideration for the transfer of a very big property would make the transaction either a sale or an
exchange. Consideration, for the purpose of this section, shall have the same meaning as given
in Section 2(d) of the Indian Contract Act. The consideration is pecuniary in nature, i.e., in
monetary terms. Mutual love and affection is not pecuniary consideration and thus, property
transferred in consideration of love and affection is a transfer without consideration and hence a
gift. A transfer of property made in consideration for the ‘services’ rendered by the donee is a
gift. But, a property transferred in consideration of donee undertaking the liability of the donor is
not gratuitous, therefore, it is not a gift because liabilities evolve pecuniary obligations.

Voluntary transfer with free consent

The donor must make the gift voluntarily, i.e., in the exercise of his own free will and his consent
as is a free consent. Free consent is when the donor has the complete freedom to make the gift
without any force, fraud coercion, and undue influence. Donor’s will in executing the deed of the

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gift must be free and independent. Voluntary act on a donor’s part also means that he/she has
executed the gift deed in full knowledge of the circumstances and nature of the transaction. The
burden of proving that the gift was made voluntarily with the free consent of the donor lies on the
donee.

Acceptance of gift

The donee must accept the gift. Property cannot be given to a person, even in gift, against his/her
consent. The donee may refuse the gift as in cases of non-beneficial property or onerous gift.
Onerous gifts are such where the burden or liability exceeds the actual market value of the subject
matter. Thus, acceptance of the gift is necessary. Such acceptance may be either express or
implied. Implied acceptance may be inferred from the conduct of the donee and the surrounding
circumstances. When the donee takes possession of the property or of the title deeds, there is
acceptance of the gift. Where the property is on lease, acceptance may be inferred upon the
acceptance of the right to collect rents. However, when the property is jointly enjoyed by the
donor and donee, mere possession cannot be treated as evidence of acceptance. When the gift is
not onerous, even minimal evidence is sufficient to prove that the gift has been accepted by
donee. Mere silence of the donee is indicative of the acceptance provided it can be established
that the donee had knowledge of the gift being made in his favour.

Where the deed of gift categorically stated that the property had been handed over to the donee
and he had accepted the same and the document is registered, a presumption arises that the
executants are aware of what was stated in the deed and also of its correctness. When such
presumption is coupled with the recital in the deed that the donee had been put in possession of
the property, the onus of disproving the presumption would be on the donor and not the donee.

Where the donee is incompetent to contract, e.g., minor or insane, the gift must be accepted on
his behalf by a competent person. The gift may be accepted by a guardian on behalf of his ward
or by a parent on behalf of their child. In such a case, the minor, on attaining majority, may reject
the gift.

Where the donee is a juristic person, the gift must be accepted by a competent authority
representing such legal person. Where the gift is made to a deity, it may be accepted by its agent,
i.e., the priest or manager of the temple.

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Section 122 provides that the acceptance must be made during the lifetime of the donor and while
he is still capable of giving. The acceptance that comes after the death or incompetence of the
donor is no acceptance. If the gift is accepted during the life of the donor but the donor dies
before the registration and other formalities, the gift is deemed to have been accepted and the gift
is valid.

Provisions of a valid gift under the Muslim Law

Under Muslim law, a gift is known as Hiba. Hiba is not included in the provisions of the Transfer
of Property Act 1882, it is governed by the Muslim Law. The Muslims can divide their property
in various ways and one of those ways is through a gift which is known as Hiba. Hiba under
Muslim Law is the immediate transfer of property from one person to another without any
consideration.

Essentials of a valid gift

In the case of P. Kunheema Umma v. P. Ayissa Umma (1981), the Court held that the valid
essentials for an immovable property are, a declaration by the donor, acceptance by the donee,
and the transfer of possession from donor to the donee.

A declaration by the donor

There should be an intention from the donor to enter into a gift. The gift can be of any means oral
or written. The declaration should not be taken by coercion, threat, etc.

Acceptance by the donee

Under Muslim Law, the non-acceptance of a gift by the donee makes the gift void. If the donee is
a minor, then the gift is valid but it should be accepted by a person who is a guardian of the
minor. The guardians mentioned under the provisions of the Muslim Law are:

• Father

• Father’s executor

• Paternal grandfather

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 • Paternal grandfather’s executor.

Transfer of possession from donor to the donee

The transfer of Hiba should be from donor to donee. Under Muslim law, as soon as the gift is
transferred to the donee and is accepted by the donee, the transfer becomes valid. The delivery of
possession can be actual and constructive. The gift will be valid from the date of transfer to the
date of acceptance of possession. Registration of transfer under Muslim Law is not necessary.

Types of gifts

The types of gifts are as follows:

Void gifts

Void gifts are those which are used for illegal purposes, made by a person who is incompetent to
contract, which is comprised of future as well as existing property, and etc.

Inter vivos

Inter vivos is a Latin word that means, while alive. Hence such gifts are given during the
existence of the donor.

Onerous gifts

Onerous gifts are those which are made with an obligation imposed on the donee.

Outright gifts

Outright gifts are those, which are free of any kind of restrictions.

Concept of will

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A will is a legal document in which a person mentions how he/she is going to distribute the
property after death. The Indian Succession Act, 1925,mentions the provisions regarding a valid
will.

Provisions for a valid will under the Indian Succession Act, 1925

Section 2(h) of the Indian Succession Act 1925 states that a will is a declaration of the intention
of a person with regards to his property, assets. The Act mentions provisions for the Hindus,
Buddhists, Jains, and Sikhs. Muslims are governed according to the Mohammedan Law.

Section 59 of the Act mentions that a person who is of a sound mind and has completed 18 years
of age can make a will. The Section further states that a person who is occasionally of sound
mind or occasionally in an intoxicated state can make a will when he/she is in a sound and sober
state respectively. Section 72 of the Act mentions that the will should be written in such a way,
that the intention of the person making the will should be known.

Essentials of a valid will

Legal Declaration

A will is a legal declaration of the person intending to distribute his/her property. It is not a
contract or a settlement.

The intention of the testator

A testator is a person making the will. The will is a declaration of the desires or intention of the
person to make the will. The will should be legal. The person making the will should not be
threatened or coerced into making a will. This will make the will void and illegal.

With respect to the property

The testator can make a will of his or her own property. The person cannot make a will out of
something which he doesn’t have.

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Signature and details of beneficiaries

The will should be signed by the testator and the date of the will should also be mentioned.
Further, the details of the beneficiaries of the will should also be mentioned.

Property of minor

In case, a minor is a beneficiary, then he/she should appoint a guardian to take care of the
property till the minor attains turns 18.

In the case of Gnanambal Ammal v. T. Raju Ayyar (1950), it was held by the Court that the main
point of observation while making a will should be, the intention of the testator.

Provisions of a valid will under the Mohammed Law

A will under Muslim law is called Wasiyat. It is not governed by the provisions of the Indian
Succession Act. Under Muslim Law, there is a strict rule imposed on making a will. A person is
prohibited from making a will for his entire property . A will for only 1/3rd of the total property
can be made by a Muslim. The will can be made for anyone. This rule was imposed to honor the
word of Prophet Mohammad.

Essentials of a valid will

The capacity of the legator

The legator is the person who makes the will. Hence, such a person should be competent to make
a will, of sound mind, should have attained the age of majority, and should be a Muslim to make
a will.

The consent of the legator

The person making the will should not be coerced or threatened to make the will.

Competence of legatee

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The legatee is the person in whose name the will is made. This person should be capable of
holding the property, can be a Muslim or Non-Muslim, and should be alive at the time of making
the will.

Acceptance by the legatee.

There should be acceptance and consent of the person in whose name the will is made. The
acceptance can be expressed or implied. Expressed acceptance means acceptance where the
parties explicitly agree to an offer. Implied acceptance means where the parties have not
mentioned their willingness to an offer but it is seen by their actions.

Formalities

No particular formality is required to prepare a will. The will can be oral, written, or in any other
form. In the case of Abdul Manan Khan v Mirtuza Khan (1990), the Court held that no
formalities are required while preparing a valid will.

Types of will

The types of wills are as follows:

Contingent wills

The types of wills which become on the happening of a certain event or contingent, are known as
contingent wills. Such will become void on the non-happening of the event.

Joint wills

Joint wills are those which are prepared by two or more persons.

Concurrent wills

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 • When a person writes two or more wills, one for the disposal of all the immovable
property and the other for the disposal of all the movable property, such wills are known
as concurrent wills.

Partition

According to Black’s Law dictionary, Partition means the dividing of lands held by Joint
tenants, coparceners, or tenants in common, into distinct portions, so that they may hold them
in severalty. It is a division of real or personal property between co-owners or co-proprietors.

In India, there are various laws that deal with property in India as follows:

1. Partition Act, 1893

• Under the Partition Act, in case of a suit for partition, if it appears to the Court that the
partition of the property cannot reasonably happen or sale of the property is more
beneficial, then the Court may, on the request of the shareholders interested, direct the
sale of the property and distribution of proceeds.

• The Act provides that any other shareholder may ask for leave to buy the shares of the
parties and the Court may thereafter, offer a valuation and shall sell the property to the
applicant.

• The Act contains detailed provisions as to what will happen when there is a
disagreement between two shareholders.

• The provisions of the Act also deal with the rights of the member of the family to
purchase the share of the stranger ‘suing’ for partition.

• Section 9 of the Act gives power to the Court to distribute the property equally and
make the sale of reminder property and to distribute the proceeds.

• Under the 86th Law Commission report on Partition Act, 1893, various suggestions
have been made to amend the Act as there are gaps in the Act but the amendment is
yet to be made.

2. Indian Succession Act, 1925

• The Indian Succession Act deals with two kinds of succession: testamentary
succession and intestate succession. Testamentary succession is where a person makes
a written document called ‘Will’ as to whom his property will go after his death. In

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 case there is no such written document, the properties of the deceased would be
distributed according to his religious law and this is known as Intestate Succession.

• In case there is no personal law applicable to the person, the Indian Succession Act
would apply. Likewise, the Indian Succession Act is applicable to Christians for both
kinds of successions whereas in the case of Buddhists, only the Testamentary
Succession laws are applicable as per the Indian Succession Act.

• In the case of Christianity, the heirs’ religion is immaterial but the person who is dead
must be a Christian on the date of his death. Adding to this, the adopted child will not
have the same right as the biological child.

3. Hindu Succession Act

• Hindu Succession Act governs the Hindus as the name suggests. According to the Act,
the person who converts into any other religion can still claim his share in the
ancestral property. But this was not the situation earlier. Previously, if any person
renounced the Hindu religion or converted into another religion, he could not claim
his right in the ancestral property but the change was brought through the Caste
Disability Removal Act and therefore, now such persons under-protected under Law.

• In regard to the descendants of the converted person, they do not have the right over
the ancestral property unless they were Hindus at the time when the succession
opened.

• In the case of Shabana Khan v. D.B. Sulochana and Ors., it was held that the
converted person can still claim his right over of the ancestral property but the child
of the converted person cannot.

4. Muslim Personal Law (Shariat) Application Act, 1937

The Muslim Personal Law (Shariat) Application Act applies in the case where both the parties
are Muslims. Even if the son has converted into another religion, he is the biological son who
has a right to claim over the ancestral property. The act also states that if the child is born out
of wedlock, he has the right to claim over the ancestral property.

❖ What kind of properties can be partitioned?

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There are two types of properties that can be partitioned as per the Property Partition Laws in
India:

1. Self-Acquired Property

Self-acquired property is the property that a person acquires with his own hard-earned money
and is not inherited by his forefathers. Also, any property acquired by gift or will is also
considered as a Self-Acquired Property.

Self-Acquired property cannot be partitioned during the lifetime of the person who has
acquired it. The person who has acquired the property can make a Will during his lifetime as
to whom he wants to give his property to. If the owner of the property dies without leaving a
will, the property is passed onto his class 1 heirs.

2. Ancestral property

Any property which is acquired by a person’s forefathers is termed as ancestral property.

Such a property must be four generations old.

A person who is born in that family has a vested interest in the property which means that he
has acquired the property by the virtue of his birth in the family and such property can be
partitioned.

“The right of compulsory partition is the gift of common law given to all coparceners. This
right comes into being not by choice but by God's grace (vested interest). And therefore, such
right must be respected,” says

Methods of the partition of Ancestral Property

Following are methods to partition an Ancestral Property:

1. Partition by mutual agreement

Partition of the property by mutual agreement can be done by Partition Deed or Family
settlement.

• Partition Deed

Partition Deed divides the property between the co-owners of the property. This deed is
prepared in order to divide the property so that each person gets an absolute title over his own
part of the property. The partition deed is executed by the co-owners themselves. This is done
by distributing the property according to the share each co-owner is entitled to. This does not
mean that the property would be equally divided. The division is according to the law.

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Acts governing the Partition by Partition Deed

The partition by Partition Deed is governed by the respective religious acts or Indian
Succession Act where there is no special act governing that particular religion. After the
Partition Deed is executed, each co-owner becomes the absolute owner of their share of the
property and they can dispose of the property as they want it to. This means that they can sell,
transfer or gift it to anyone as they want.

The deed must be registered and executed on the stamp paper in a very clear and
unambiguous manner, specifying the share each co-owner has been given.

“The object of partition proceedings is to enable those who own property as joint owners, to
put an end to it so as to vest in each a sole estate in a specific property or an allotment of the
lands,”.

• Family Settlement

The property can also be divided by family settlement where the family does not want the
Court to be involved, they go for the negotiations and settle the matter. The family settlement
deed need not be on stamp paper or be registered. Also, it need not be written but it must be
with the complete satisfaction of all the co-owners.

2. Partition through Court

Before filing a partition suit, a legal notice must be served to all the co-owners specifying
their interest in the property, their share, and the action to be taken and try to settle the
dispute. Even after this, if the dispute is not settled, then a civil suit is filed before the Court.

Limitation Period: The limitation period for filing this suit, according to the Limitation Act,
1963, is twelve years from the date the possession of the defendant becomes adverse to the
plaintiff. However, the burden of proving that the suit is barred by time is upon the opposite
party.

Time Involved: The time involved in the partition suit cannot be ascertained as it purely
depends upon the facts of each case and the technicalities involved.

3. Partition through Will Probate

Probate is a copy of the will, certified under the seal of the Court. Probate can be granted only
to the executor under the Will as stated under Section 222 of the Indian Succession Act,
1922.

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After filing the petition, the Court gives public notice in any leading newspaper to invite any
objection. If there is no objection, the Court upon being satisfied considering the evidence,
grants probate.

Limitation Period: The limitation period for filing this suit, according to the Limitation Act,
1963, is twelve years from the date the possession of the defendant becomes adverse to the
plaintiff. However, the burden of proving that the suit is barred by time is upon the opposite
party.

Court Fee: The Court determines the court fees according to the value of the suit and the
court fees must be paid before filing the suit. The fee differs according to the case and also
with the respective state jurisdiction.

Time Involved: The time involved in the partition suit cannot be ascertained as it purely
depends upon the facts of each case and the technicalities involved.

What is Partition Suit?

When a party or parties claim rights over a piece of land or building and files a case in court,
due to a property dispute issue that arose in the family, it is called a Partition Suit.

If the family members are happy to negotiate about the property partition, then one needs to
formulate a Partition Deed following the Partition Act, 1893. It is an official document
created either by Court Order or through negotiation by the parties. It defines the respective
portions of the property that would be claimed by each party.

A deed of partition also needs approval by the Court. This new partition deed must be
registered at the office of the Sub-Registrar to give it a legal and binding effect. Next, the
party or parties have to get the deed registered and drafted on a stamp paper in a clear and
unambiguous manner. It specifies the share of each person and the date of the partition
property.

However, if the families still need to settle this in court, they need to file a Suit of Partition in
Court, where the case proceedings will take place.

In Rukmani and others vs. H.N.T. Chetteir, it was held that a co-owner cannot be
prejudiced and create difficulty in another co-owners work during a pendency of a suit for
partition filled by another co-owner.

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In Hazara Singh v. Faqiria where a co-owner contended that he had, by adverse possession,
a peaceful undisturbed possession by the opposite co-owners had become the only owner of a
land, held that the possession of a co-owner is possession of all the co-owners. It can’t be
adverse to them unless there’s a denial of their right to knowledge by the person in
possession. If a co-sharer is in possession of the whole property, his possession can’t be
deemed to be adverse he possesses the property on behalf of all others.

The Differences Between The Partition And Will:-

• The first and most important difference between the two is that it will come into force
after the death of a person. Whereas partition is made between living persons.

• A will is intended to dispose of property. There must be some property which is being
given to others after the death of the testator. And partition may be a combination of
surrender and transfer of certain rights within the estate except those which are
easement in nature.

• The beneficiary of the will enjoys the right of ownership of the property after it is
passed to him, whereas co-owners in partition enjoy limited rights over a property.
They are not liberal to rent, sell or give the property on their own accord. All the co-
owners must agree to the same.

• A testator (the person who makes the will) can change his Will at any time. There is
no restriction on how many times a will can be made but only the last will made
before the death of a person is enforceable. A Will which is made by a person of
unsound mind, minor or made under intoxication, coercion and force is not
enforceable and is void. On the other hand, in case of partition, it is made by mutual
consent of the parties. The partition deed has to be registered at the office of sub
registrar of the place where the property is situated.

• The registration of will is not compulsory, it can be registered with the sub registrar.
It can also be sealed and kept in custody. Whereas, the partition deed has to be
registered and the stamp duty amount is payable.

• On death of the testator, an executor of the will or heir of the deceased testator can
apply for probate. A probate may be a legal term which determines if a will is valid
and authentic. While in partition there is no such thing as probate, if one of the co-
owner does not agree to a partition property then a suit can be filled in appropriate
court, the deed must contain all the clauses in a clear and unambiguous manner.

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Comparison between gift and will.
Points of
A GIFT A WILL
Distinction

A gift requires to be stamped and A will need not be stamped or

Registration
registered. registered.

A will is a transfer of property

A gift is a transfer of property which
Type which is done after the death of the
is done immediately.
person making the will.

A gift deed cannot be revoked. The A will can be changed or revoked

Revocation person to whom a gift is given as long as the person in whose
becomes the absolute owner. name the will is made, is alive.

A will comes into effect after the

A gift comes into effect immediately
Effect death of the person making the
after it is prepared.
will.

A gift is prepared by any person who A will is prepared according to the

Nature is of sound mind and has attained the family as it is going to get
majority age. distributed within the family.

Can both these A gift can be challenged if it is A will can be challenged if it is

documents be proved that the gift was not as per within 12 years from the date of the
challenged the wish of the donor. death of the person.

Conclusion

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A will might create disputes among family members who are not mentioned in the will, in such a
case a gift deed can be used. Similarly, a gift can be acquired immediately so it cannot be
changed in that case, a will is a better option as it is not acquired immediately and can be
changed. Hence, both these documents have their own pros and cons and are equally important
for transferring the assets. So it is up to the executor to choose between these two.

References

WEBSITES

• https://askanydifference.com/difference-between-will-and-gift/

• https://www.mondaq.com/india/wills-intestacy-estate-planning/623530/will-
or-gift

• https://www.livemint.com/money/ask-mint-money/unlike-a-will-a-gift-deed-
requires-to-be-registered-as-per-applicable-rules-1548162324831.html

• https://www.indiacode.nic.in/bitstream/123456789/2338/1/A1882-04.pdf

• http://www.legalserviceindia.com/legal/article-251-concept-of-will-under-
muslim-law.html
• https://lawcorner.in/difference-between-gift-deed-and-will/
• https://lawtimesjournal.in/difference-between-will-and-partition/
• https://www.myadvo.in/blog/family-partition-a-legal-perspective/
•

❖ BOOKS

Saxena, P.P. (2017) Property law. Gurgaon, Haryana, India: LexisNexis.

Singh, A. (2016) Textbook on the transfer of property act. Universal Law Publishing.

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