How to challenge the gift deed ?

Querist : Anonymous (Querist) 16 May 2024 This query is : Resolved
My late mother was living with my family at Mumbai but unfortunately due to some misunderstanding she stopped contact with us and left with my youngest sister who was residing in Tamilnadu and expired in a orthopaedic hospital. I attended the final rites in the village with my younger sister from Mumbai since I was not in good terms with my sister, one of the relatives informed me that my late mother was suffering from lung cancer. Now my youngest sister with his family has entered my house for the death anniversary of my mother and sent legal notice to vacate my family mentioning that my mother has gifted her my current residential property which was in my mother's name.But I and my youngest sister had no idea of the registered gift deed please guide us to avail the Medical certificate of cause of death

Follow Query

Report Abuse

Quick Summary

This discussion addresses how to challenge a gift deed, particularly when a property was transferred by a late mother to one sibling. It clarifies that if the property was legally owned by the mother and a registered gift deed was executed, challenging it can be difficult. The advice also covers obtaining a medical certificate for the cause of death from the hospital and a death certificate from the local authority, while noting that the recipient of the gift deed must still follow legal procedures to claim the property if the current occupants resist.

kavksatyanarayana (Expert) 16 May 2024
Do you want the cause of death certificate of your mother or regarding the house property? Your query is not clear to me. If your mother gave the house to your sister, could you get a copy of the document from the Sub Registrar Office concerned? If your mother executed a gift deed in favour of your sister you can not do anything as your mother owns the house.

T. Kalaiselvan, Advocate (Expert) 16 May 2024
You can get the discharge certificate from the hospital where your mother took treatment and breathed her last.
As her son and one of the legal heirs you can give an application to the hospital and obtain the medical certificate mentioning the cause of death.
If the property belonged to your mother by a registered deed then she becomes the absolute owner of the property hence the transfer of property by executing a registered gift deed in favor of your sister is very much valid.

P. Venu (Expert) 25 July 2025
The death certificate could be obtained from the local body concerned. Moreover, the certificates are uploaded in website.

The execution of the gift deed could be verified.

Even if the deed has been executed, your sister cannot take law into her hands. She needs to approach the competent court if the present occupants are not willing to accept her claim.

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now

Similar Resolved Queries :

Ask Query
Unanswered Queries