Gift deed
MANU
(Querist) 08 June 2012
This query is : Resolved
My father purchased a property in his name from funds given by my maternal grand father as my father was very poor,but now he had gifted it to his illegal wife and illegitimate son quoting they both are legal to void stamp duty.
my mother is a legal wife and not divorced have 6 children. but now he cheated all of us. can this gift deed challenged in the court.if so please let me known what is percentage of win.and also on what grounds it can be challenged.
Anirudh
(Expert) 08 June 2012
The property is your father's personal property.
Being his personal property, he can do whatever that he wishes with it.
Thus, if in his wisdom, he had gifted the said property to somebody, he is well within his rights.
Others (including his legally wedded wife and children) cannot question it.
MANU
(Querist) 08 June 2012
but my father had not purchased from his money,funds were taken from my maternal grand father (mother's father) for the purchase.how can my father gift "some others money" to his alleged relations.
if this happens then where is the Justice sir ?
Anirudh
(Expert) 08 June 2012
In that case, at best your maternal grand father ask for the return of the money from your father. Even that he cannot ask for the simple reason 3 years limitation period is over.
MANU
(Querist) 08 June 2012
but my grand father gave him money to buy property in my mothers name,as my mother was carrying, my father himself wrote a letter to my mom quoting "send money with your brother, i will register in my name as your carrying".
Anirudh
(Expert) 08 June 2012
Dear Mr. Manu,
Come on. Let me teach you something today.
Suppose, I approach you for money, saying that I will buy some property in your name and you give the money to me.
After getting the money, I bought the property, but not in your name, but in my name. What will you do? Will you not agitate? Will you not question me. And most importantly who can question me, at best you, AND NOT ANY ONE ELSE.
Having given the money, and having come to know that the property had been purchased in my name and not in your name, you can agitate within maximum 3 years. After 3 years you cannot question, and even if you question it will not be legally tenable.
NOW come to the real fact situation in your query. The money was given by your maternal grand father. In that case if the property had not been purchased in the name of his daughter, it was only he who could have questioned and that too within 3 years of his having given the money. Has done so? If not, he has missed the chance.
So simple.
ajay sethi
(Expert) 08 June 2012
wel advised by anirudh .
