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Nikhil SHETTY   17 December 2021

gift deed challenged by legal heirs

My grand father voluntarily wants to gift his self acquired property to me his children's are objecting not to gift me ,
Here my question is once gift is exceuted on my name can there children challenge in court of law ?


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 5 Replies

Advocate Bhartesh goyal (advocate)     18 December 2021

If gift deed has been executed by donor without any influence ,force or coercion than can not be challenged by anyone.

G.L.N. Prasad (Retired employee.)     18 December 2021

Members are not competent to assure you that their his children will not challenge, but one thing is certain, they can not win the case.  Even if they are smart, their advocates may guide them.  Anticipating this take all precautions.

Shashi Dhara   18 December 2021

If they challenge in competent court of law defend it ,these are all common if u needs property challenged then u have to fight legally with relatives ,don't think as it is so easy like eating banana by removing it's skin and swallowing ,u must be ready to drink seven rivers water to get ownership and possession..if not simply leave by closing your gaund.

Aryan Raj   18 December 2021

In response to your query,

The most crucial aspect of the gift is its acceptance, which must occur during the donor's lifetime and while he is still capable of giving. If the donee dies before the gift is accepted, the gift is void, according to s. 122. In addition, registration is required in all cases of immovable property gifts, and the title cannot pass without a registered gift deed. On registration, a gift is valid and complete. We've also come across crucial parts of gift law, such as gift of current and future property, when a gift can be cancelled, donation mortis causa, and so on, while dealing with gift laws.

In addition, registration is required in all cases of immovable property gifts, and the title cannot pass without a registered gift deed. On registration, a gift is valid and complete.

We've also come across crucial parts of gift law, such as gift of current and future property, when a gift can be cancelled, donation mortis causa, and so on, while dealing with gift laws. A deed of gift that has been executed and registered cannot be cancelled until Section 126 of the Transfer of Property Act, 1882 has been met. So, in the end, it is reasonable to infer that the Transfer of Property Act, 1882, and its parts provide a comprehensive law governing gift regulations in India. The manner in which donations can be postponed or revoked is quite precise and elaborative in Section 126 of the Transfer of Property Act, 1882. You may refer to it for better understanding.

Regards,

Aryan Raj 

 

Kishor Mehta (CEO)     18 December 2021

If the property gifted absolutely belongs to the donor and if the gift deed is suitable stamped, executed and registered, it may be challenged, but it will prove legal and binding in any court of law.


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