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How to Check Who Owns the Property Using the Deed or Will: A Step-by-Step Legal Guide

What Is a Deed Will and How Does It Protect My Property?

Every family wants their home, land, or savings to go safely to their children or loved ones. But if your property papers are unclear or missing, it can cause big fights later. A Deed Will (also called a Property Will) helps you plan what happens to your property after your lifetime. It makes sure your family gets what you want them to have.

What Is a Deed Will?

A Deed Will is a written paper that says who will get your property after you die.

It is like a letter to your family that clearly explains your wishes.

It helps you:

  • Decide who gets your property.
  • Stop family arguments.
  • Make the transfer of property smooth.
  • Keep your wishes safe and clear.

A Deed Will gives you peace of mind and keeps your family safe from future problems.

Difference Between Deed Will, Gift Deed, and Power of Attorney

Many people confuse these legal documents. Here’s a simple breakdown to understand how each one works:

1. Deed Will

  • When it works: After your death
  • Purpose: Transfers your property to the people you name in your will
  • Can you cancel it? Yes, you can change or cancel it anytime while you’re alive

2. Gift Deed

  • When it works: Immediately, while you’re alive
  • Purpose: Transfers ownership of property as a gift to someone without payment
  • Can you cancel it? No, once signed and registered, it’s final and cannot be revoked

3. Power of Attorney (POA)

  • When it works: While you’re alive
  • Purpose: Authorises someone to manage or make decisions about your property on your behalf
  • Can you cancel it? Yes, but it automatically ends after your death

Always take advice from a property lawyer before signing any of these papers.

What Happens If You Don’t Have a Deed Will?

If you die without a Deed Will, the government will divide your property based on family law.
This may not match what you wanted.

But if you have a Deed Will, your own wishes decide who gets your property not the government rules.

Should You Register a Deed Will?

You don’t have to register your Will, but registering it is a good idea.

It helps your family prove that your Will is real.

A registered Deed Will:

  • Stops cheating or fake claims.
  • Makes it easier for your family to claim property.
  • Works as strong proof in court.

You can register your Will at the local Sub-Registrar’s Office with the help of a lawyer.

What Is Probate?

After a person dies, sometimes the court needs to check if the Will is real.
This process is called probate.

The court approves the Will so the family can use it to get property.

Probate is common in big cities like Mumbai, Kolkata, or Chennai.
A lawyer can help your family complete this easily.

New Law to Stop Property Fraud (BNS 2023)

The Bharatiya Nyaya Sanhita (BNS) 2023 is a new law that punishes people who fake or change property papers like Wills.

If someone tampers with your Will, they can go to jail.
That’s why it’s smart to make your Deed Will with a lawyer and register it properly.

What the Court Says About Deed Wills

The Supreme Court of India said that a Deed Will only works after the person dies.
It cannot be used to transfer property while the person is alive.

So, a Deed Will is only for the future not for use right now.

How to Make a Good Deed Will

Here are some simple steps to make your Will strong:

  1. Talk to a Lawyer – They can help you write it correctly.
  2. Be Clear – Write clearly who gets which property.
  3. Add Two Witnesses – They should watch you sign the Will and also sign it.
  4. Keep It Updated – Change your Will if your life situation changes.
  5. Store It Safely – Keep it with your lawyer or in a safe place.

Some Important Laws and Cases

Common Questions

1. What is a Deed Will?

A Deed Will is a paper that says who gets your property after your death.

2. Do I need to register my Deed Will?

No, but it’s better to register it for extra safety.

3. What’s the difference between a Deed Will and Power of Attorney?

A Deed Will works after death. A Power of Attorney works while you’re alive.

4. Can I change my Deed Will later?

Yes, you can change or cancel it anytime.

5. Should NRIs make a Deed Will for property in India?

Yes, it helps their family avoid problems later.

6. What if someone dies without a Deed Will?

Their property is divided by law, not by their choice.

7. Who can help make a Deed Will?

A property lawyer or legal advisor can help you write it correctly.

Why a Deed Will Is So Important

A Deed Will is not just about money or land.
It’s about peace in your family and protecting what you worked hard for.

It keeps your wishes safe, prevents fights, and helps your loved ones get what you planned for them.

With new laws against fraud, it’s wise to make and register your Will with expert help.

LawCrust Legal Consulting: Here to Help You

LawCrust Legal Consulting, part of LawCrust Global Consulting Ltd., helps people all over India with property and family law matters.

We can help you with:

LawCrust Legal Consulting, a subsidiary of LawCrust Global Consulting Ltd., is a leading firm in the legal industry. We offer a wide range of premium services, including Litigation Finance, Legal Protect, Litigation Management, Startup Solutions, Funding Solutions, Hybrid Consulting Services, Mergers & Acquisitions, and more. With over 50 offices across India and a team of more than 70 specialised lawyers, we provide top-notch support for a variety of legal matters.

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