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sonia_kumari (lecturer)     12 November 2015

Can a gift deed be executed if court case is going on?

Hello everyone,

Expert help will be very appreciated... My grandfather registered his will naming my father as the sole heir of his self-acquired property. The local municipal commitee has transferred the ownership  of the said property in my father's name after probate of the will. But, now my uncles and aunts have filed a case in the court claiming their share (they haven't challenged the will yet and neither have they got a stay order on sale/ transfer of property).

1. Can my father now transfer this property in my brother's and my name through gift deed even while this case is going on?

2. Is this advisable?

Many thanks for your invaluable time advice!

 



Learning

 3 Replies

dr g balakrishnan (advocate/counsel supreme court)     12 November 2015

when probate is rightly done, and accordingly municipal authorities had effected transfers, naturally yr father can do what he wants to do with his property sine probated under testamentary jurisdiction, gift deeds by him cannot get affected.

Kumar Doab (FIN)     12 November 2015

if there is no stay by court or the property has not become suit property then there is a scope. Otherwise the WILL was registered, was not under cloud,has been probated, has been executed, therefore your counsel may place the facts before court.

Since there is no defect in the WILL there may not be any need to alienate the proeprty.

Your lawyer has seen and examined all docs and facts and is best placed to advise you.

Seek advise in person from your counsel.

 

sonia_kumari (lecturer)     13 November 2015

Thanks a lot for your invaluable advice!


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