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Manoj Rao   23 November 2015

Gifting of inherited property

My father-inlaw inherited 2 houses from his father. After the death of his father, the housed were transferred in his name 5 years back. He has one son and one daughter (my wife).

Now, his son and daughter inlaw are abusing him and his wife and don't take care of them. They don't do any help to these old people and fight with them every day (sometimes physically hurting them). Due to this, my father inlaw wants to transfer all his properties in the name of my wife and don't want to give anything to his son/daughter in law and through him out of home. Is it possible? I came to know that he can transfer houses to my wife's name through gift deed, but can his son challenge this in court? What are the chances of winning him the case in court?

Is there any other way through which he can oust his son and daughter inlaw from all his properties, including inherited houses and other bank accounts/FDs?



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 5 Replies

Adv. Yogen Kakade (+ 91 9225510883)     23 November 2015

Hi,

As per the facts of the case mentioned by you, unfortyunatly the property your father in law has the ancestral property can not be transferred in his daughter's name.

Even if your father in law executes a gift deed in the name of his daughter i.e. your wife, it shall be a void agreement and can be easily challanged in the court of law.

As far as the other properties and investments are concern, if those are earned by your father in law then he can certainly gift those in anybody's name he wish.

Adv. Yogen P. Kakade, Pune

juryconincorporation@gmail.com
www.juryconn.in 

 

AYYACHAMY   23 November 2015

Dear Sir! My father inlaw has gifted his self earned property to his son in 2011. In 2014 , he has cancelled the gift deed in 2014 .In 2015 he has sold the same property to his three daughters. Now the son and the father claiming the property together stating that three daughters have cheated. My Wife is one among them. What will be the Court Action. Few lawes state that the the gift once done can not be changed so the sale deed done is invalid. What is your opinion regarding this . Please do reply.

AYYACHAMY   23 November 2015

Dear Sir! My father inlaw has gifted his self earned property to his son in 2011. In 2014 , he has cancelled the gift deed in 2014 .In 2015 he has sold the same property to his three daughters. Now the son and the father claiming the property together stating that three daughters have cheated. My Wife is one among them. What will be the Court Action. Few lawes state that the the gift once done can not be changed so the sale deed done is invalid. What is your opinion regarding this . Please do reply.

AYYACHAMY   23 November 2015

Dear Sir! My father inlaw has gifted his self earned property to his son in 2011. In 2014 , he has cancelled the gift deed in 2014 .In 2015 he has sold the same property to his three daughters. Now the son and the father claiming the property together stating that three daughters have cheated. My Wife is one among them. What will be the Court Action. Few lawes state that the the gift once done can not be changed so the sale deed done is invalid. What is your opinion regarding this . Please do reply.

Laxmi Kant Joshi (Advocate )     23 November 2015

Yes once the registered gift deed had done in anyones favour then doner had lost all his rights over that, gift deed once done cannot be revoked, hence your FIL cannot sold that property the transaction is invalid .

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