Mohammed Faiz (Partner) 05 November 2015

Gift deed

Hi, Experts!

Please give me suggestion for the following situation.

My father executed a gift deed in my favour for his house in 2006.

He gifted the house to me because I have given the money to construct the building and also paid is debt while working abroad.

He realised that my son should be entitled to the ownership of the house as his money is used in construction and clearning off the debt.

My father is alive now. The problem is my sister is objecting to it and threatning me that the land belongs to my father and she should be given part of it.

I'm in possession of the Gift Deed and the house.

What is the legal remedy which I can strengthen the gift deed ?
Example: By a declaration of my father on a stamp paper

Please advise me what precaution should I take if my sister approaches the court and challenge the gift deed.

M Faiz

Reply Follow

3 Replies

Pritam Gupta (Teacher) 06 November 2015

Gift deed needs to be registered. After that very difficult to overturn it.

Jai Wadhwa 06 November 2015

Yes Dear

Mr Pritam is correct if your Gift Deed is not registred infront of SR then your sister can easily challenge and if we talk about precaution shuould be taken is easily dealing with your sister, and Your father should give a Legal Declaration of Transfere of Possession and owner ship to you.

WIth Thanks and Regards

Jai Wadhwa

PS: I am not a expert I am intern who is just studying Law and Rules Once again thanks to you for posting and Experts for answering the Queries. Satya Mev Jayte

Md.Afzal Ahmed (0) 10 November 2015

Dear sir, i am from karnataka ,i belong to muslim family and i am only son and have 3 sisters ,all 3 are married. My father has purchased a house from his brother in which we all were staying with father and mother.My father passes away last nov-2015 in the age of 68 and i am staying in the same house with my mother and my family and i have already got the mutation done to my name in muncipal authorities. But before his death he made a stamp paper in my elder sister's place without my knowledge and in the stamp he has written as gift to two sisters and leaving me and one of my sister too and that stamp has neigther notary nor registered .so is that stamp paper valid in court without notary and without registering the same? please guide me sirs. Thanks and Regard's