My sister challenging the fathers gift deeded property to me

Kannamma Nayudu (Querist) 12 February 2020 This query is : Resolved
My sister living in a flat which is gift deeded by my father to me. when i asked to vacate they went to court saying i have paid bribe in the registered office and attached my fathers photo and without concern of my father i made gift deed. now my father is not alive, he is dead. They are challenging the gift deed by saying the fathers signature is forgery. i have small concern that my father was nearly 70 when he gift deed the property and his signature was not as good as when he was young. will in forensic report will it shows as fathers only i have this dout. i have mutated the property on my name.

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Your sister is challenging a property gift deed your father made to you, claiming forgery of your father's signature. While your father is deceased, the property has been mutated to your name and the deed was registered with two witnesses, including your mother. A forensic report may be inconclusive, especially given your father's age at the time of signing. It's crucial to present the attesting witnesses in court to confirm the deed's legality and your father's intentions. While signature variations are possible due to age, a registered gift deed with witnesses is generally strong, but consulting a lawyer is essential for a robust defence.

Sudhir Kumar, Advocate (Expert) 13 February 2020
there might be some witnesses also who attested the deed.

Kannamma Nayudu (Querist) 13 February 2020
yes sir, Two witnesses, one my mother and one neighborhood person.

Raj Kumar Makkad (Expert) 13 February 2020
You nee to get the evidence of the attesting witnesses in the court in the present suit which shall clarify the legality of the signature as well as the desire of your father, since deceased, at the time of the said gift.

Even if signature are different, you need not to worry as gift deed is registered one and the witnesses are with you.

Hemant Agarwal (Expert) 13 February 2020
1. IF the Property was originally Self-Acquired by Father, THEN he can Sell /Gift /Transfer /Mortgage /Donate /whatever .... without any legal reference to ANYBODY. This has been upheld by several HC /SC judgments.

2. Further "IF" the said Gift Deed of Father, was NOT Stamp Duty paid and Duly Registered, by personal presence "BEFORE" the local Registrar of Sub-Assurances and compulsorily annexing digital photo + signature + thumb impression, THEN the said Gift Deed is legally "Null & Void", for all legal purposes, irrespective of signatures of witnesses or whatever....

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

Raj Kumar Makkad (Expert) 13 February 2020
Sections 122 & 123 of the Transfer of Property Act as under:

"122. "Gift" defined.--"Gift" is the transfer of certain existing moveable or immoveable property made voluntarily and without consideration, by one person, called the donor, to another, called the donee, and accepted by or on behalf of the donee.
Acceptance when to be made.--Such acceptance must be made during the lifetime of the donor and while he is still capable of giving.
If the donee dies before acceptance, the gift is void.
123. Transfer how effected.--For the purpose of making a gift of immoveable property, the transfer must be effected by a registered instrument signed by or on behalf of the donor, and attested by at least two witnesses.
For the purpose of making a gift of moveable property, the transfer may be effected either by a registered instrument signed as aforesaid or by delivery.
Such delivery may be made in the same way as goods sold may be delivered"
and enquired, that Section 123 having provided that for the purposes of making a gift of immoveable property, the transfer must be affected by a registered instrument, how it can be said that on a mere execution of an unregistered document titled „gift‟, a gift of immoveable property can be said to be completed.

Dr J C Vashista (Expert) 14 February 2020
Once you have accepted the gift it is irrevocable.
Let your sister may challenge the gift deed, the suit/case shall be dismissed.

Dr J C Vashista (Expert) 14 February 2020
It is advisable to consult and engage a prudent lawyer with relevant document for appreciation of facts, professional guidance and necessary proceeding

Raj Kumar Makkad (Expert) 14 February 2020
THE AUTHOR HAS ALREADY CLARIFIED THAT HE HAS ENGAGED A LAWYER AND CASE IS PENDING BEFORE THE CIVIL COURT.

Guest (Expert) 14 February 2020
Dr .J.C.Vahista is a Senior and Retired Army Personnel and Makkad should not insult and contradict the others replies

Guest (Expert) 14 February 2020
Makkad could post his if at all he had got a useful reply and obviously ...............(no comments Please )

Isaac Gabriel (Expert) 14 February 2020
No other go except to wait for the verdict.

Raj Kumar Makkad (Expert) 14 February 2020
Some persons are interested to comment only on the replies of others in negative way.

Raj Kumar Makkad (Expert) 14 February 2020
Where is the question of contradicting Sr. Expert Shri Vashishtha ji?

Raj Kumar Makkad (Expert) 14 February 2020
Posting different opinion can and should never be construed as 'insult' to anyone.

Raj Kumar Makkad (Expert) 14 February 2020
Some persons are holding GPA on behalf of others and miuse it as and when deem fit without having any lawful authority to do so. BhagwaUnka Bhla Kare.

Guest (Expert) 16 February 2020
John Adams--- Great is the Guilt of an Unnecessary

T. Kalaiselvan, Advocate (Expert) 21 February 2020
If she has filed the suit to cancel the gift deed in the court of law, you can challenge her case on the basis of the documentary evidences in your support including presenting the attesting witnesses before court at the time of trial.
She may refer your father's signature to the handwriting experts opinion, but that opinion is not final, you may plead that the signature put at his age of 70 years will naturally differ to that of the signatures made earlier.
You may prepare proper defence by working out the strategies in consultation with your advocate and give a strong fight back.

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