Rights in gift deed from my father (he got from will)

The nature of property that devolves by inheritance/valid and duly acted upon WILL/Registered Gift deed is; self acquired.

The owners can dispose the self acquired estate/property.

So your father can dispose the said property (part/full) by a valid/ Registered Gift deed in anyone’s favor…including you.

The gift is complete the moment donor has gifted and done has accepted.

Subsequent to gift deed (mentioning boundaries) take possession, erect boundary walls,  and submit copy of registered gift deed for updation in mutations records and get certified copy of updated mutation records….showing ownership in your name.

Regarding your apprehensions;

If donor has appeared in person before the registering authority and gift by free will then it may not be easy to get the gift deed revoked.

Keep 2 unshakable witnesses that may affirm on the gift deed by donor.

The sister if she wishes may approach court claiming that said gift deed was by coercion, fraud, etc….

Once the matter is before court of law IT is pleasure of court of law to decide the matter…..per facts d merits.

Keep evidences on record that establish that the said gift deed and mutations was in knowledge of other legal heirs…..

If possible let other legal heirs be one of the witness ( in addition to other witnesses) in gift deed.

Regarding your apprehensions;

In case of Hindu male that has died without disposing self acquired property owned by him by a valid/registered deed/WILL; The 1st right for equal share is of his ClassI legal heirs i.e Mother ( if alive as on date of death), Wife ( if alive as on date of death), sons, daughters……….. The share in ancestral property devolves upon his legal heirs.

In case of Hindu woman the nature and source of property matters.

In case of Hindu woman that has died without disposing property owned by her self acquired/absolute property/estate by a valid/registered deed/WILL; The 1st right for equal share is of her legal heirs i.e Husband ( if alive as on date of death), sons, daughters………..

If the property is acquired from parents side the 1st right for equal share is of her legal heirs i.e sons, daughters………..and in their absence legal heirs of her father.

If the property is acquired from husbands side the 1st right for equal share is of her legal heirs i.e sons, daughters………..and in their absence legal heirs of her husband. The property from mother’s side is not ancestral.  

One can determine the share of each legal heir accordingly.

The process and procedure to get share updated in mutation records is simple.

The authority under whose jurisdiction property falls has a set procedure for such matters if NO WILL has surfaced; Intestate Succession…….and the prescribed forms, procedure, process is available in O/o Authority and even on website. Certified copies of the death certificate, legal heir certificate/affidavit (per local procedure/precedence) are basic requirements.

The authority under whose jurisdiction property falls has a set procedure for such matters if (valid) WILL has surfaced; Testate Succession…….and the prescribed forms, procedure, process is available in O/o Authority and even on website. Certified copies of the WILL, death certificate, legal heir certificate/affidavit (per local procedure/precedence) are basic requirements. The authority may ask for NOC from legal heirs (other than beneficiary) and/or ask to release advt . in newspaper inviting objection if any,………..and/or may write to legal heirs t submit objection if any, in a set time.

If NOC is submitted and/or NO objections are submitted then authority may transfer ownership in the name of beneficiary in mutation records.

If WILL is contested IT lands up probate court of pecuniary jurisdiction and court hall decide.

The authority shall update share as per provisions of WILL/probate/personal law that applies in mutation records.

By the updated mutation records the legal heir(s) attain rights equal to that of owner and can enjoy/dispose the property/share like owner.   The only thing remains is partition by boundaries. That can be achieved either amicably or thru court.

Get mutations records and all link docs that show that the WILL was duly acted upon without any cloud on IT…………

This should take care if negative aspersions are ever casted on WILL.

Try to get evidence that said WILL was in knowledge of all legal heirs…

Also get all irrefutable evidences regarding Gift deed….

For the time being this may suffice………

Rest; Cross the bridge when IT comes……….

Right now you can only prepare…………..and prepare well for challenges in future if any….

Approach a very able senior LOCAL counsel of unshakable repute and integrity specializing in Civil/succession/testamentary matters and having a successful track record….to guide you in person as per your feedback and finer nuances of the mater that you might have not posted in the query/thread and to suitable draft the said Gift Deed ……..

Dear Karthikeyan,

To put it simply, your father is the absolute owner of the property in question.  Therefore he has absolute legal right to do whatever that he wants to do with the said property.  NOBOLY (EITHER YOU OR YOUR SISTER) CAN OBJECT TO WHATEVER THAT HE DOES WITH HIS PROPERTY.

As your father had full right to give some part of his property in GIFT to your sister, he can also give any part or full of his property to anyone (in this case you) and nobody can object to it.

But, instead of Gift Deed (which will involve unnecessary huge stamp duty on the value of the property), I would suggest that your father should make a Registered Settlement Deed which will involve only maximum Rs. 10000/- stamp duty or so. [MY FURTHER WORRY IS THAT AFTER GETTING THE PROPERTY FROM HIM, YOUR FATHER SHOULD NOT BE LEFT IN THE LURCH)