Ranjeet Pawar 20 July 2016

Gift deed

My father who expired last year in December has gift deed the flat which I am currently living to my step mother.leaving no share for me and my sister.I and my sister were not aware of the gift deed.but the flat is still in my possession .I live in the same flat with my wife n sister for past three years.can I or my sister challenge the gift deed or can we both have any share in this property.please guide.

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2 Replies

JustAdvisor (IT) 20 July 2016

if it is self acquired property of your father he had a right to dispose it. challenging a gift deed is an uphill task.

Laxmi Kant Joshi (Advocate ) 20 July 2016

Just go through the deed when did your father made it ? Is the deed is registered in the sub registrar office or not , how the property come to your father means he had self earned it or an ancestral property? Whether the property is in your father's name etc . If it is self acquired by your father and he had registered it in SRO during his life time but cannot execute it becasuse of his sudden death , then you will loose the claim and the person whose name is in the gift deed will get the property .