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Conditions Name
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Gift
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Will
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I. As to completion:
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Gift is completed during the life time of the donor.
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Will is aecuted after the death of the testator.
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II. As to condition:
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Gift is operated immediately
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Will is dependent upon a condition i.e. the death of the testator.
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III. As to revocation:
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Gift after the delivery of the possession is usually irrevocable.
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Will can be revoked at any time before the death of testator.
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IV. As to limitation:
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In gift the right of donor to gift is unrestricted.
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In will the right of making a will is limited in two ways.
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V. As to existence of subject matter:
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The subject of gift must be in existence at the time of making gift.
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It is not necessary that subject matter of the will must be exist at
the time of making will
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VI. As to delivery of possession:
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In a gift there must be delivery of the possession of the property to
the donee.
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Delivery of possession is not required in the will.
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VII. As to doctrine of mushaa:
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The doctrine of Mushaa is applicable in case of gift.
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The doctrine of Mushaa has no application in case of will.
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VIII. As to acceptance:
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In gift acceptance by the legatee in necessary.
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In will acceptance by the legatee in not necessary.
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IX. As to registration:
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Gift must be registered under the registration act.
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Registration of will is optional.
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X. As to insanity:
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Gift after the delivery of the possession is irrevocable on the
ground of insanity.
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The subsequent insanity of the testator makes the will void.
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