Gift deed
Sachin
(Querist) 15 July 2012
This query is : Resolved
My father made a WILL in the year 2008. He wrote in his WILL that after his death I would become the absolute owner of his house which is his self earned property. However after 1 month my younger brother came to know about it and he forced my father to make a registered gift deed of the house on his name. Now my father is no more and the possession of the property is with my brother, he refuse to acknowledge the WILL and says that now the house is his and I cannot challenge the gift deed.
Please let me know is there any way to challenge the gift deed now. Or will be unchallenged now?
Devajyoti Barman
(Expert) 15 July 2012
After the execution of the Gift Deed the earlier Gift ceases to exist for all purposes.
However if you could prove which would be very difficult that the gift was executed under duress/coercion resulting in its declaration as null and void then only the Will can be effected after Probate.
ajay sethi
(Expert) 15 July 2012
since regd gift deed has been made by your father in favour of younger son in 2008 the younger son becomes absolute owner of the property . posession has already been given to your brother . gift is complete .
will executed by your father has no value now as prior to his death he has gifted the property .
only if you are bale to prove that gify was made by coercion wouls you be bale to make out a case
