Regarding gift deed
Sanjiv Malhotra
(Querist) 14 February 2012
This query is : Resolved
My father in-law has executed an irrevecovable gift deed in the name of his daughter of the amount of percentage that he holds. To briefly surmise. My mother in law expired intestate and she was 50 % owner in the property, namely a apartment in a condiminium of apartments. after her demise her 50 % share was divided amongst the 3 living heirs - namely, her husband, son and daughter (each getting 16.66% of the said apt.)My father in law now holds 66.66 % of the said apt., and his daughter holds 16.66 % and his son 16.66 %. My father in law has executed a gift deed ( duly stamped and registered ) favouring his daughter with his 66.66 %. Now his daughter
holds 83.32 % of the said apt. What i want to know is that can this gift deed be challenged by the son ( the son and father have fallen out with each other - and the father is now staying with his daughter ). The son is staying in the said flat. What legal remedy can you offer .... thank you
A V Vishal
(Expert) 15 February 2012
No the son cannot challenge the gift, further if he opts to do so he will not be successful in the litigation.
Sanjiv Malhotra
(Querist) 02 March 2012
Thank you. I have another querry regarding this gift deed. What is the time limit ( if any ) for informing the "condiminium of apts" (society) regarding the fact that the gift deed has been executed in the daughters favour. The gift deed was executed about 8 months ago. Once i again i inform you that it is not a co-op society as it is a condiminium of apartments compromising of 10 flats. It is called Naratna apartments and not navratna co-op housing society... would the bye laws of a society be applicable... please help out. Thank you
