Gifted property can it challenged by elder sibling?

How are you related with the matter?

Which personal law applies in the case?

Or are all involved; Hindu?

The divorce is valid/from court of law?

IT was self earned/acquired/absolute in the hands of parents?

Confirm!

 

Elder sister being legal heir can contest/challenge the gift deed.

The contest may fail on facts and merits.

Her Ex.husband ( from 1st marriage and subsequent valid divorce/from court of law) is not a legal heir and stranger to the estate of Lady and her parents and has NO claim.

Her son being; legal heir can step in shoes of his mother after her and can contest……the contest may fail on facts and merits.

 

Nomination in bank a/c ; Provisions of personal law shall prevail and nominee is mere trustee and has to handover the proceeds/share to Legal heirs………say; sons and daughters… Thus elder sister has equal share..In her absence her share can devolve upon her legal hiers. Bank can handover the proceeds/articles to nomine and discharge IT’s responsibility.

 

GO thru; RBI; Master Circular on Customer Service in Banks

And chapters ; 19,20,21…on Deceased Depositor A/c, lockers etc

https://rbi.org.in/scriptts/BS_ViewMasCirculardetails.aspx?id=9862

Elder sister can claim or even approach court …

What the marriage of elder sister is being made contentious issue..!

The parents can dispose their self earned/acquired/absolute estate; movable/immovable in their life time in anyone’s favor by a valid/registered deed say; sale/gift/settlement with life rights/settlement/WILL …..

IT is mandatory to probate the WILL in areas of Bombay…

Approach your own very able senior LOCAL counsel of unshakable repute and integrity specializing in testamentary/succession/civil matters and having successful track record ….. and worth his/her salt …and discuss in person and even with seasoned PIP and proceed in best of your interest.. 

Check at LOCAL Civil Courts, HC,SC……..

 

LCI experts Mr. Hemant  Agarwal, Mr. M.V.Gupta, Mr. Madhu, Mr.Kishore Mehta are from your mentioned location and if you wish you can benefit from their expertise…

The transmission of property is illustrated in other thread initiated by you;

https://www.lawyersclubindia.com/forum/fathers-property-share-rights-after-fathers-death-176680.asp

Dear Kumar Sir, All involved are hindus,the property was self acquired and absolute in hands of parents.Since the elder daughter share was already given to her at the time of her first marriage in form of jewellery and cash,the parents wish to handover everything to their younger daughter now.Hence the bungalow was gifted to the younger daughter. Now the safety and security of bank lockers and bank deposits remain. the parents have nominated the bank lockers and bank deposits in the name of the younger daughter. Should the parents make a will as well?

They can and may with apt narration...and register..

Or they may sell the movable estate and prefer FDR with suitable mandate e.g; E&S, F or S....

or consider prespective of settlement deed with life rights...

 

Take them alongwith you to a very able counsel as already suggested for proper discussion in person .............

Online discussions have IT's own limitations and are not substitute to in person discussions with a very able counsel in person..

Thank you for your guidance Sir

You are welcome!

1. If it is self-acquired property of the parents, and if the gift deed is duly registered, then the elder sister cannot claim any right over it.  Even if she initiates any legal case, she will not succeed.

When the elder sister herself cannot legally claim any share in the property of her parents, the question of her son or husband making any claim simply does not arise.  Even if they make a claim, they cannot legally succeed.

2. Mere nomination for bank accounts and jewellery in the bank locker in favour of the younger daughter is not sufficient.  The nominee is only a trustee.  As such she cannot be the whole owner of the bank account balance and jewellery in the event of the parents passing away. If it is a mere nomination, then in the event of death of the parents, the elder daughter will also claim her equal right being a legal heir. Therefore, The best course to secure the bank balance, jewellery and car of the parents is to make a Registered WILL in favour of the younger daughter.  In that way, while the parents will be able to enjoy the bank balanace and jewellery during their life time, after their death, the same will go to the younger daughter and not the elder daughter.  The will has to be carefully drafted, so that the parents (either father or mother) are not deprived of their asset during their life time.  For this purpose (drafting of the WILL), please take the help of an experienced Advocate.

The gift deed can certainly be questioned in the court of law by filling a suit for such declaration. However, it will be challenged only if you are able to establish that the execution of the deed was not as per the wish of the donor or was executed under misrepresentation, fraud etc.

NOone may get mislead again by good for nothing  self invented statements, bhashan, pravachan on NOMINATION as at;

https://www.lawyersclubindia.com/experts/Will-for-fixed-deposite-663606.asp

or any other thread..