Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Sohel Khan (CSA)     04 December 2013

Gift deed

If a gift deed is registered in a joint property can it be challenged in the court of law and can another gift deed be prepared overriding the first gift deed



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 6 Replies

SHIRISH PAWAR, 7738990900 (Advocate)     04 December 2013

Joint property's gift deed can be challenged in court and you cannot have overriding gift deed in place of previous gift deed.

Balaji Bakthavathsal (+919444448455)     04 December 2013

Hi,

   I am not a lawyer to advice on this matter. However, I wish to offer my views as I too was affected in a similar issue. Well, as per the Gift Deed Act, the Donor should be the Absolute owner of the immovable property. In your case, since the property is a joint property, one cannot gift the entire property. Also, one cannot gift in anticipation of getting the property even though the donor is one of the legal heir to the property. The donor should explain how the property was acquired by hime/her. These are all the basic rules governing Gift Deed. 

 

Thanks & Regards

Balaji

laxmi kant joshi (instructor)     04 December 2013

yes , joint property gift deed can be challanged in the court , you cannot prepare another gift deed after over ride first deed .

laxmi kant joshi (instructor)     04 December 2013

yes , joint property gift deed can be challanged in the court , you cannot prepare another gift deed after over ride first deed .

udaykumars (office boy)     05 December 2013

My name is Udaykumar from Belgam, I have one question to ask.

I come from a Hindu family. The sale deed has both father and mothers name in it,  but my father brought the house with his own money , my mother’s name was only there as a signature body.

Father passed away without making a will. Mother under pressure gave 50% of the property as GIFT DEED to my sister. And later gave 10% of her share( mothers share) to my sister the following year.

Mother never contributed to the purchase as father was the only source of income, now that the last two sons were unaware of his incident approached the court after mothers death. Can this Gift deed be challenged in the court of law. And what is needed to prove that the gift deed was given out of pressure as mother suffered from depression due to family issues.  

udaykumars (office boy)     05 December 2013

My name is Udaykumar from Belgam, I have one question to ask.

I come from a Hindu family. The sale deed has both father and mothers name in it,  but my father brought the house with his own money , my mother’s name was only there as a signature body.

Father passed away without making a will. Mother under pressure gave 50% of the property as GIFT DEED to my sister.

Mother never contributed to the purchase as father was the only source of income, now that the last two sons were unaware of his incident approached the court after mothers death. Can this Gift deed be challenged in the court of law. And what is needed to prove that the gift deed was given out of pressure as mother suffered from depression due to family issues.  


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