Yashas (NW) 06 November 2010

cancellation of gift deed

Hi All, My parents who were joint owners of a property have gifted it to me through a registered gift deed some 7 years ago. Now both of them are dead. Only after the death of my parents, my brothers and sisters have come and asking for equal partition of the property. Now they have filed a case in the Civil Court stating that the property was purchased by the Ancestral property and that they all are entitled for equal share and that the gift deed be nullified. Can somebody please advice is it possible to cancel this gift deed.

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Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108) 06 November 2010

1. IF the property was Ancestral, THEN it cannot be gifted.

check out this info on this link :
https://www.lawyersclubindia.com/forum/Re-Ancestral-property-cannot-be-gifted-away-HC-15977.asp

2. In case if the property was Ancestral, then it is highly improable that the property could be Ancestral property, since then only the name of father would be in the property title. AND now since both parents names are in the title ownership, then it could be purchased out of their own funds. It is best to accumulate documents showing that the parents purchased the said property out of their own money.

3. A person stake'ing claim over ancestral property will have to prove that the property in question was part of ancestral property.

Keep Smiling .... Hemant Agarwal

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