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ROHITASHVA PURI (LAWYER)     15 October 2010

GIFT DEED

Q.1  SELF AQUIRED PROPERTY OF MY WIDOW MOTHER IN LAW TRANSFER TO DAUGHTER IN LAW . AT THE TIME OF EXECUTION OF REGISTERED WILL CAN IT BE CHALLENGED BY ANY SON / DAUGHTER / DAUGHTER IN LAW.

Q.2  SELF AQUIRED PROPERTY OF WIDOW MOTHER IN LAW TRANSFERED BY WAY OF REGISTERED GIFT DEED, WHEN DOES THE TITLE PASS TO DONEE ? CAN REGISTERED GIFT DEED IS CHALLENGED BY ANY FAMILY MEMBER. IF YES THEN WHEN AND ON WHAT GROUNDS.



 11 Replies

Darshan Panchal (Advocate)     15 October 2010

so far as self acquired property is concerned, it can be disposed off in the manner the owner likes. so if it is bequeathed by a will can't be challenged unlike the ncestral property. same applies to gift deed. The donor can gift or dispose the same off in the manner he/she desires and nobody else has any right o interest in the property. Gift deed as well as will both can be challenged qua ancestral property but there is no remedy so far as self acquired property is concerned

adv. rajeev ( rajoo ) (practicing advocate)     15 October 2010

It is an self acquired property of your MIL. When it is self acquired she can dispose it according to her will and wish. In this case it is gifted to the son, so it is valid, but it can be challenged by any son/daughter/SIL by taking a contention of fruad, coercion etc., but very important is limitation point it is be looked into if the suit is filed.

Sathyan A.R. ( Advocate practising tax advisor)     15 October 2010

Your monther in law has absolute right to tranfer her self acquired property either by way of will or by way of gift.

 The will being a testamentary document  the property passs on to the beneficiary on the death of the testator ( the person who makes the will in his life time). The will could be registered or not registered. A registered will has a better standing of proof when it is contested.  In this case nothing bars the other to contest the will on the ground and with sufficent evidence that property in question is not  self aquired or the one in which the testator has no aboloute right of ownership.

In the case of the Gift the effect comes in to play immediately on the date of gift.

SALIM KHAN (CEO)     18 October 2010

MY MOTHER MOM HAD MADE A WILL THAT AFTER SHE DIES MY MOTHER SHOULD GET xXXX FACILTIES FROM THE SADI PROPERTY RENT AND ALL TO US BUT NEITHR THOSES PEOPLE HAVE GIVING US ANYHTK IN 20 YRS AND THEY MADE A GIFT DEED FROM ALL OF US TO THEM AS DONER WHIHC WE DIDIT HAVE ANY IDEA AND MADE US SIGH AND THEY ALSO REGISTER THIS DEED  NOW WE CAME TO KNOW THIS FRAUD AFTER 7 YRS OF SIGING IMPORTANTLY THEY DIDT PROBATE THE WILL AND DID THIS CAN THIS BE CHALLENGED AT COURT CAN WE GET OF DUES WHIHC WE HAHVT GOT TILL DATE PLS

Bharatkumar (ADVOCATE )     18 October 2010

YES, SELF AQUIRED PROPERTY OF WIDOW MOTHER IN LAW TRANSFERED BY WAY OF REGISTERED GIFT DEED AND NO BODY CHALLANGE THIS REGISTRED GIFT DEED DOCUMENT.  

Sathyan A.R. ( Advocate practising tax advisor)     18 October 2010

My dear salim khan

i am sorry. Your query is not clear and it is confusing. Please properly word in order to understand the issue

plese take help of some one if you are unable  to spell them properly so that i can understand your problem and reply accordingly

A.R.Sathyan

SALIM KHAN (CEO)     19 October 2010

thanks so much  in short i will explain there is a will  from my  nana & nani worth 100cr  they made a will ( last will)  but my mamas never gave us anything neither they declared us all these yrs  as we didt knew anything and by fraud they made my mother  and 3 childrens to sign gift deed that she has gifted forever her share into this property  around 7.89% my questions are as follows 

1. Can my mom challenge this in high court for her rights  share as the will has never being probate 

2. Is this gift deed valid without  the will PROBATE 

3.The property card is still on  my nana &nani and my mama s 

Pls help as they are planning to sell the property  and we are in not good conditions at all 

pls suggest me all there thanking you all 

Sathyan A.R. ( Advocate practising tax advisor)     19 October 2010

it is not easy to giftr away 100 cr of property without any bodys knowledge especialy of close relatives. i think some think is missing in your statemen. It will be prudent on your part to consult in person some expert advocae if the property in question is worth of 100 crores.

in such matter you may think of filing a caveat in case the case has already filed or try to bring an injunction on the sale of property in question.

any how i adivce you to consult a reputed civil lawyer and furnish him all details and explain him in person.

SALIM KHAN (CEO)     19 October 2010

SIR SORRY i just wnat to know is will with out probate is valid or not 

Sathyan A.R. ( Advocate practising tax advisor)     20 October 2010

Proabte is a legal certificate issued by the competant court authenticating the genuineness of teh will.

When probate application is made the person making the application has to gie he name of the other legal heirs adn notices issued to them to conform their claim. 

It is therefoe necessary to obtain probate in the executin of the will.

Transfer entries in registrtion department or land records cannot be made without probate.

Bank balancs cannot be appropriated without Probate.

Hence it is ncessary that one obtain probate before executing the will.

A.R.Sathyan

SALIM KHAN (CEO)     06 January 2011

thanks so much sir for ur vauled ans but to be surpise we went to appeal in high court  mumbai the judge doest listing to us and say the gift deed had being registred so there is no questions of injuctions he disposed of the case in the 1st hearing itself 

FACTS we didit knew about the will from 1989 till oct 2010

they made us sigh all the documents in sake of redvelopment ion love and effections because  we were family now we came to know that they made us sign the gift deed of all our shares which come to 10cr and we ourself are in bad conditions moentrary wise 

sir what u suggest we should go for DB and challenge a gift deed or will pls sugest and very sorry for the delay 


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