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32985771   10 February 2017

Giftdeed

Iam  from Hyderabad , we are 2 brothers  and one sister , we have one plot which was purchased by my  father  In 1980 and wants  to gift the same to me  without any condition and fully valid as per law and at my father’s interest even though, iam one of the  legal heir Hindu Succession Act to avoid litigation in future

My brother also give consent for the same orally and not necessary  to take in written as we have  good understanding   .

Can this gift deed can be   legaly questionable in a competent court of law by anybody ie like my brothers daughter or  by  my sister ( It is not possible to take NOC form her) or last by my brother ( least case) .

And is there any time limit of for legally challenging the gift deed 



Learning

 6 Replies

biswajit   10 February 2017

WRITTEN NOC FROM YOUR BROTHER IS NECESSARY FOR GIFT DEED. 

Kumar Doab (FIN)     10 February 2017

It is believed that you are all Hindu, the property of father is self earned/acquired, and your father is alive.

Confirm!

Kumar Doab (FIN)     10 February 2017

If you are all Hindu, the property of father is self earned/acquired, and your father is alive, then he can dispose his estate in his life time by a valid deed e.g; Registered Gift deed.

The gift is complete when gifted by donor and accepted by donee.

YOU can try by asking the brother and all ClassI legal heirs i.e; Mother, wife, son and daughters to sign as witnesses (in a sense consenting witnesses).

Praveen Mittal (Owner)     10 February 2017

if geft deed is registered no NOC is required but if gift deed is not registered NOC from all legal heirs is required

32985771   23 February 2017

dear Sir ,

if gift deed is registed then no NOC is required  ,is there any possibility that  Regsited gift deed can be legally challengable as No NOC is taken from others .it is to confirm that the proeprty is self purchased by my father.pl suggest as per HIndu Law.

Thanks

Mohan

Kumar Doab (FIN)     23 February 2017

For gift of Immovable Property gift deed has to be registered.

Owner alone can gift.

Owner is to present for registeration.

NO NOC in case of self earned/acquired property is required.

Court alone can revoke the gift deed on valid and proven grounds e.g. gift was under coercion, fraud.


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