schinni (lead) 21 April 2015

Can i buy the house from a settlee of gift settlement in f/o fmly

Hello experts,

I want to buy a house from a SETTLEE ( married lady ) who got that house from her mother(house wife, SETTLOR) via Gift Settlement in f/o family. which is registered at sub registrar. SETTLOR's husband and SETTLEE's husband signed as witnesses from both the side. SETTLEE has two bothers.

Here are my questions.

1. Can I buy this house.?

2. Does SETTLOR has right to stop STTLEE to selling this house or cancell the gift settlement?

3. Do SETTLEE's brother have any right on this house?

4. Any legal claims accure in future

5. Does SETTLEE has right sell this house according to the below statement in registration document.

The above said property by way of gift to settlee with all rights, titles, interests, easements, enjoyment to have and to hold the same absolutely forever owner

Please give your opinions.

Thank you

Sree

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5 Replies

saravanan s (legal advisor) 21 April 2015

1.yes but consult a lawyer with all the deeds

2.donor has no right to cancel the gift deed nor stop the donee from selling it but he can challenge the gift deed in the court

3.no

schinni (lead) 21 April 2015

Originally posted by : saravanan.s
	1.yes but consult a lawyer with all the deeds 2.donor has no right to cancel the gift deed nor stop the donee from selling it but he can challenge the gift deed in the court 3.no

Thank for the reply

but he can challenge the gift deed in the court

What does the above statement mean

how can he challenge in court

schinni (lead) 21 April 2015

please look at this document suggest me for my queries on first post

saravanan s (legal advisor) 21 April 2015

a gift deed might be challenged in the court on grounds of fraud,coercion etc but if its unconditional and irrevocable challenging would prove to be futile

schinni (lead) 22 April 2015

Thank you so much sir

My understanding is that, if SETTLOR and SETTLOR's husband sign on further sale deed (which is to me), then there should not be any way of challenging.