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Yashas (NW)     06 January 2011

consultation on gift deed

My parents purchased a property in the year 1979 (at the age of around 65 years) and it was registered in both their names.  We are a total of 10 children (5 brothers and 5 sisters) and I am the fifth member (3rd daughter) of the family.


In the year 2003 (at the age of around 89), they approached me and said they are no longer able to support themselves due to old age and also dejected with the treatment of their sons and other daughters, expressed their wish to stay with me and I promised to take care of them.  After couple of months, they said that they would like to register the property in my name.  After consulting, I suggested them to do a gift deed as it would cost lesser than registering the property in my name and it was gifted to me in the year 2003.


In the registered gift deed it is mentioned that the property was purchased by their self earned money and that their other children did not have any right or share on the property.


My father died in August 2006 and my mother recently in June 2010.


After the death of my mother recently, two of my brothers and four sisters have filed a case in the civil court that the property was purchased by selling the ancestral property in their native village.


I am very well aware that the property was purchased by my parents by their whole life earnings at the age of 65 plus by selling a very small portion of ancestral property whose cost at that time was very less.  The property was purchased for Rs. 50,000 in the year 1979 of which Rs. 5,000 came by selling the ancestral property.


Sir/Madam, please advise me in this matter as you would have come across more cases similar to this and also please guide what should I do next and regarding the validity of this gift deed in the Honorable Court.


 10 Replies


It is needless to say that a property purchased out of self-earnings can be gifted by its owner as per his wish, but not the one which was ancestral. In your case, it is mixed of both. It may be noted that if the source of the funds (ancestral Rs.5,000 and Self-earned Rs.45,000) are explicitly mentioned in the Sale Deed of your parents or the Gift Deed (conveyed to you by your parents), then all your brothers and sisters are entitled to the respective shares out of the Rs.5,000/- contribution. If it is not mentioned in the Sale Deed or the Gift Deed, then its the matter of Evidence before the Court in the suit filed by them. If the evidence is produced to support their allegation, then it should be compensated by you as per the Decree in the Suit. If the evidence is only oral, you may accept or deny as per your wish. But since you say that you are already made known of the said fact, you may better accept their allegation and settle the issue with them.

Avnish Kaur (Consultant)     06 January 2011

u deny it and also say that that propery was of a meager  small value and let them produce evidence to prove their point.

fight it and u donty have anything to loose more than 10% share of it.

Kshiteej Anokar (Advocate)     06 January 2011

1. I think they are not able to challenge the Gift deed executed in your favour! any how they have to challenge the same and must claim its cancellation for which the limitation is of three year only. U may take the defence of the provisions of limitation act.

2. it is also important to find out that when the sold their ancestral provperty and for what purpose, if u can prove it that the ancesstral property was sold for other purpose than the purchace of the gifted property then their clim ma frustrate. for example u are able to prove that the ancesstral property held by them was sold for the marriage of any of your sister then it will be fruitful to you.

3 Like

Avnish Kaur (Consultant)     06 January 2011

very good point, if u add limitation in ur reply their petition may be just dismissed outrightly.

1 Like


The limitation period for claim is 12 years and not three years as per the Limitation Act.

1 Like

Yashas (NW)     07 January 2011

I thank you one and all for all your time and suggestions that you have provided.

I request you to please share with me the section or clause where the limitations are mentioned relating to the gift deed validity.

All your suggestions have provided me confidence and request you to please share with me any other information relating to this scenario.

Kshiteej Anokar (Advocate)     09 January 2011

no it is just three years because the possession is handover by registered gift deed

Kshiteej Anokar (Advocate)     09 January 2011

it is also not to raise the plea of limitation in drafting but it may be argued without pleading

Yashas (NW)     12 January 2011

Recently I discovered that out of the 6 plaintiffs (2 brothers and 4 sisters), 2 of my brothers are already released from the family and family holdings by a registered release deed.  Please suggest me if I should get these release deeds from the subregister office or if I can mention these numbers in the Honorable court and then the Court will give me an order so that I can produce the same and get copies of these release deeds from the sub register office.

Also will these 2 brothers who are already  released be exculeded from this case on producing these release deeds or will they continue as plaintiffs till the end of the case?

Also in one of the release deeds of other brother (not the plaintiff and was done in the year 2001), it is mentioned that till date all the brothers of mine are being released from the family holdings and all the sisters are being married by giving them sufficient money during the time of their marriage and they do not have any right on the property.

Please advice me if this will help me in any way in this case.


Muralidhar Mysore (Retired)     23 March 2013

Dear Sirs,

Firstly, I profusely thank "lawyersclubindia" for coming to the rescue of the ignorant and exploited ones in regard to law of the land (INDIA).  The quick and professional responses are the hallmark of  " lawyersclubindia" !!

I need your kind  clarification on the following please.....

1) 'A' (father) has gifted his house property, which is totally self-earned to 'B' (daughter) through a registered gift deed during his life time, out of his free will and love and affection (2007) and the property has been duly transferred in the name of 'B' and is in independent possession of the house. Since then 'A' continued to live with 'B' but died in 2009 due to illness.  “A” has made a statement to this effect (gifting) (verbal) in the women commission, where he was summoned on account of his daughter in law (E), who claimed right to residence in the house gifted away.  The matter was closed there after knowing the truth and proceedings were recorded. We have a copy of it.

2) ‘A” has another daughter (C) and a blind Son (D) (deserted by his wife (E) 15 years ago (1997), they have a son of 14 years of age now.  Both C and D have no problem with the gift deed and are very supportive.  B & C are happily married and living independently.  “B” taking is responsibility of blind brother (D) as there is no one to look after him. 

3) The daughter-in-law (E) used 498 (2010), making B,C and D parties,  after the sad demise (2009) of the father-in-law. Her interim plea was turned down both by Trail and Session courts (trials are still on).

4) Recently (Dec 2012), daughter in law (E) (representing her minor son) has filed a partition suit in the Civil Court, claiming 1/6 th share (assuming 1/3 as her husband’s share), making B, C and D as parties to the suit, maintaining that the Gift Deed is invalid stating that the site was purchased by selling an ancestral house at "X" city and the same has been deposited to buy the site (BDA), on which the present building stands. All that she has managed is to produce is a mere letter from Tahshildar of "X" city (authenticity is being checked by us) that 'A ' has sold a part of the house property (claiming it as ancestral) for 'Y' amount, quoting the period to suit their convenience of time.

5)  Interestingly, 'A' has two younger brothers, who have 5 Children and further who have their children.  Everyone knows such a transaction has never taken place and is mere a fabricated story to push the partition case.

6)  We have with us documents showing Loan obtained by "A" to build the house through his Government Job and we are trying to reach a document (not available with us) the possible loan he has taken from his place of work (he was a Prof of Indian Medicine, Doctor, working for State Government). The site has been allotted by the Competent Govt Authority, by payment of proper site value and has been issued allotment letter too.

7) ‘E” is working with vengeance and trying to get the benefit by hook or crook.

8) After explaining the circumstances, we humbly beg to ascertain from the renowned team of legal experts of lawyersclubindia, revered opinion and to kindly advise us suitably.



Do we need to explain the court about a property which is lawfully gifted to a daughter in its entirety under woman’s right to properties Act. !!!  And source of it?  He was a well employed doctor and he had enough sources to make payment for purchase of site.  

Could the daughter in law connect this property to a sale of some property those days, and prove her point, admitting for the sake of argument, such a transaction had taken place…. Thanks..

Does limitation Act applies in this case ! Gifted in 2007 Dec..... Suit filed in Dec 2012 ........after almost 5 years, after she fears that 498 is not going work in her favour anymore...

Thanks and regards and Namaste !



Alphabets Stands for:

A – Father in law

B – Daughter who has been gifted the house

C – Second daughter

D – Blind Son

E – Daughter in law

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