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Ram (Software Eng)     22 May 2010

Gift Deed

Hello,

My father has done a gift deed of some property to his sister 3-4 years back as he has promiced her 30 years ago on her wedding time, I believe its still not transfered to her.

But, my fater has 2 kids and we do not have any property apart from house, can we go for a court asking back the same ? if yes how ?

--GR

 

 

 



Learning

 6 Replies

Adv. Gulammayudin A. Gagdani (LEGAL ADVISOR)     22 May 2010

well if the property is ancestor property then yes if the property is your ather earned then no.

Regards

Deekshitulu.V.S.R (B.Sc, B.L)     22 May 2010

It depends on the nature of property. If the propety is the self acquired propety of your father you have no say. But iif it is Joint family property, then your rights are secured.


(Guest)

First you may apply for encumbrance certificate for the property and clearly ascertain the position of transfer of property to your sister by your father and then come back to this forum for our advice.

sowmyamurali (advocate)     24 May 2010

there is no ifs and buts in law...sir before you presume and assume u have to look for the below:-

1. apply for the encumberance as the above learnd advocate said

2. c if it a self acquired property or an ancestoral property

3. if is the said acquired propeerty of ur father then he being the onwer of the properrty he can aleinate, gift, sell, lease,mortgage and if the same is an ancestoral then u have a rt n the property.

4. c if it is transfered in her name o rin ur fathers name

for the property to have been tansefered then the said transfwer has to be mutated in the mutation record.just a deed will not

notr:gift is done with love and affection and not for a consideration.when the person makes a gift the other person shud accept the same. and not with a consideration.

 

Ram (Software Eng)     27 May 2010

Thanks Sir/Madam for postings.. let me be more clear..

Its an assigned property some 30 -40 years back to my father as my grand father was into defence services.(pass book and related documents are given on my father's name only), but since my father promised to gift that property to my aunty (father's sister), last 4 years back he gift deeded (not still transfered to her name, but all documents with her), now we are not in good terms with my aunt's family and my father wants that gift to me as me being son (since we do not have any property afart from a house and where as my aunty is better settled than us).

can I get that property (with my father's wish).

--GR.

 

 

 

Ram (Software Eng)     27 May 2010

and also, can gift deed be cancelled by the person who made ?


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