Distinction between TRANSFER DEED AND WILL

Transfer is conveyance of property by means of deed and transaction is between living persons — Deed 
operates co instanti and Will become operative on death of testator — Deed is irrevocable, but Will can be 
revoked by testator — Court can rectify mistake in deed, but cannot rectify Will — Consideration is basis of 
deed, but no consideration is required for making Will. The word "transfer" is defined with the reference to 
the word "convey". .A Will differs from a deed in the following respects: a deed operates co instanti, i.e., from 
the date of its execution; a Will comes into operation on the death of the testator; a deed is ordinarily 
irrevocable, unless there is an express power of revocation; a Will can be revoked at any time by the testator 
during his life time. It is ambulatory and it becomes effective and irrevocable on the death of the testator; in 
case of mistake in a deed, the Court has power to rectify it; a will cannot be rectified by any Court of law. No 
consideration is required for making a will. Thus disposition of property takes place posthumously after the 
death of the testator. Therefore there is no transfer co instanti as in case of any other deed like a sale deed, 
gift, exchange, mortgage, lease or assignment. — Korgappa Gowda v Jinnappa Gowda and Others, ILR 
1998 Kar. 436.

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