Tamal123Kol (Service) 16 August 2013
X owns a house. X died & after that Legal heir of X, say Y, came to know that X gifted the house (registered gift deed) to her sister, say Z. The gift deed was not executed, I mean, no name transfer happened from X to Z for thr house.
What are the possible Legal options for Y to cancel the gift deed & Y can rightfully claim the property.
Note: The property is locked and no one is occupying it after X's death.
Requesting guidance from Legal Experts.
Tamal123Kol (Service) 17 August 2013
Tamal123Kol (Service) 17 August 2013
If we verify the details from Registrar office for the correctness, Does that mean the Legal Heir has no way to challenge the Gift Deed?
Actually X was released from Hospital in Month A. Gift Deed was registered in Month B & Unforunately X died in Month C - Everything happened in 3 Months.
Tamal123Kol (Service) 17 August 2013
Below is the explanation on why we do not think this as a Self Acquired Property -
X's has no income - X had not filed a single income tax return in the lifetime. Her husband bought the property and named her as the owner. X's husband passed away couple of years back. The name of the Legal Heir is on the Electicity connection of the flat.
Can't we call it as Benami Property ?
Isn't there any Legal way to challenge it ?
NGOKC (pm) 17 August 2013
registered gift deeds are legal and generally not challengable
you may however challenge on two grounds
1) if property in q is not self acquired , then u are a legal heir and father did not have right to gift
2) challenge on basis being ill , father was not in proper mental state to execute the samee
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