cancellation of Gift Deed

Querist : Anonymous (Querist) 27 March 2011 This query is : Resolved
Son made a Gift Deed in favor of his father under undue influence and he is still in his influence.Can the wife of the son can challenge the Gift Deed?

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Devajyoti Barman (Expert) 27 March 2011
No unlkess the son is of insane mind or physically incapacitated.

Arun Kumar Bhagat (Expert) 27 March 2011
Wife has to prove that her husband was insane at the time of making the Gift. It reminds the case of V.P.Singh, ex-prime minister whose wife filed the said suit for declaration.

Kirti Kar Tripathi (Expert) 27 March 2011
No. son being the absolute owner has full right to dispose of his property in any manner as he wish, wife has no right to create any hindrance, Even for the sake of argument, it is presumed that he is under his father's influence. this ground is available to the son only, no other person has a right to take benefit of such ground.

adv. rajeev ( rajoo ) (Expert) 27 March 2011
No. wife of the son cannot challenge the gift deed saying this is executed under the undue influence.

Y V Vishweshwar Rao (Expert) 27 March 2011
The nature of the Property which is gifted by son to father and son's rights in the property to transfer to his father and the Interest of the wife in the said Property, all are to be considered !

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