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Shiva Kumar   28 February 2019

Gift Deed

Gift Deed Case As my mother did gift deed to my sister, now my mother expired since 10 years. Now my sister is enjoying the property with her family from 15 years. Is there any chance to get the property back or to cancel gift deed from me or my children which was given by my mother? Please any one can help on this topic? Awaiting for your response. Regards Shiva


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 7 Replies

Shashi Dhara   28 February 2019

No it is Ur mother's property she can dispose the property as per her will.even if u challenge in court u cannot win.waste of time money relationship so think before going to court.for trouble u can file suit against her.

Kishor Mehta (CEO)     28 February 2019

If the gift deed is properly executed stamped and registered it cannot be legally challenged.

G.L.N. Prasad (Retired employee.)     28 February 2019

The suit is barred by limitation and after 15 years you can not challenge gift deed. (knowing such gift deed and that your sister is enjoying the property for more than 15 years)

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     28 February 2019

You have ni case.

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     28 February 2019

You have no case.

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     28 February 2019

1.  IF the property was NOT purchased by her own Funds by the Mother (say property originally belonged to her late husband (your father), THEN Mother CANNOT execute any Gift Deed, in anybodys favor.

2.  Check properly as to how the property came into being in name of mother.  IF above point no. 1, is correct, ALL the residual Legal Heirs of the deceased Father (original owner of property) are entitled to EQUAL portions of the property.  IF SO, You have a good case in Civil Court, by following due procedure of law.

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

Dr J C Vashista (Advocate)     02 March 2019

Whether the property was self-acquired or inherited, "Gift Deed" executed and registered 10 years before her death is final, binding and irrevocable.

No "Gift Deed" can not be challanged / annulled / set-aside unilaterally.  


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