25% OFF on all LCI Courses. Offer valid till 5th Oct. Use Code: DUS25
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

STUDENT.... (.......)     14 August 2013

Gift deed query

Sir,

 

The immovable Property was Purchased by X (Grand Father). He has his wife(Y) including 4 Son and 3 Daughters.

 

4 Son (A,B,C,D)

                        A Married and has 3 Son and Wife (H, I, J, K) (A Expired in 13 Yrs Ago)

                        B Married and has 2 Son (L, M) (Wife Expired 2 Months Ago)

                        C Married and has 1 Son and 1 Daughter (N, O) (Wife Expired 8 Yrs Ago)

                        D Married and has 2 Daughters (P, Q) (WIFE ALIVE)

 

3 Daughter (E,F,G) and WIFE (Y)

                         E Married and has 2 Son (R, S) (Husband Alive)

                         F Married and has 2 Daughters (T, U) (Husband Alive)

                         G Married and has 2 Son (V, W) (Husband Expired 9 Yrs Ago)

 

Now X has gifted his immovable property to his son (B, C, D) where as he has not given any share to (A, E, F, G, Y).  However he has given all his Moveable Property (FD, PPF, PENSION, BANK DEPOSITS etc....) to his Wife (Y) through WILL and Y has also written WILL in the name of D.

 

X died and Y is residing with D.

 

Gift Deed is registered by its Original Owner (X) in the name of (B, C, D).

 

Now B, C, D has the Original Registered Gift Deed and they have got the Registry in their Own Name.

 

Now Here B wants to gift his share to his son without the knowledge of C and D.

 

And the Original Registry is kept with D at present. Since B don’t want to tell anything to C and D.

 

B has got the Duplicate Copy of Registry from the Authority.

 

My Questions are:

 

  1. Since the property was gifted by its Original Owner (X) to B, C, D. Hence A, E, F, G cannot claim any right on the said property till now.

                2.   Does B have any right to gift his share in the name of his son without the knowledge and signature of              C and D, since the property is Jointly Registered?

                3.  Does any other Person from the Family of A, E, F, G can claim their right on the property after B gift                  his share to his Son?

                4. Can this action taken by B will be called has Change/Modification/Null and Void/Cancellation of Gift                     Deed?

 

 

Regards,

 

 

M (Son of B)



Learning

 5 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     14 August 2013

For 1st question:- They cannot claim.

For second question : -Since the gifted property jointly registered, C & D concent to be taken.

For 3rd question:-cannot claim

for 4th question, You cannot say what you mentioned.

STUDENT.... (.......)     14 August 2013

@Ramachary:

Thanks for the reply..

 

I mean to say 

 

4. Can this action taken by B will be called has Change/Modification/Null and Void/Cancellation of Gift Deed Which was made by its Original Owner (X)?

 

 

Regards,

 

Rahul (M Son of B)

adv. rajeev ( rajoo ) (practicing advocate)     14 August 2013

It is self acquired property of the grand father.  As such his gift to B,C,D is valid, no members of the family can seek share in that property.  B C D are the absolute owners of that property.

AMIT KUMAR SHARMA (Deputy Manager)     13 November 2013

Sir,

 

The immovable Property was purchased with the income of X (Maternal Grand Father, not alive) in the name of Y. He has his wife(Y, who has expired on 30th Oct ‘2013) including 1 Son and 5 Daughters.

 

1 Son (A)

                        A is not Married and doesn’t have any issue ( A is alive and currently living in said property)

 

5 Daughter (B,C,D,E,F)

                         B Married and has kids Son and daughter (G, H) (Husband Expired 10 years ago)

                         C Married and has kids Son and daughter (I, J) (C Expired, Husband Alive)

                         D Married and has kids Son and daughter (K, L) (Husband Alive)

 E Married and has kids Son and daughter (M, N) (Husband Alive)

 F Married and has daughters (O, P) (Husband Alive)

 

 

 

Now Y has gifted his immovable property to her youngest daughter F via gift deed without taking any consent from ( A, B,C,D & E). where as she has not given any share to ( A, B,C,D & E).  However she has given all his Moveable Property (FD, BANK DEPOSITS etc....) to her A and F prior to dying via nomination.

 

X died and Y died and was residing with A in the property in question.

 

Gift Deed is registered by its Original Owner (Y) in the name of (F) when she was alive.

 

Now F has the Original Registered Gift Deed and she is getting the Registry in her Own Name. Possession is still with A who is currently residing in this property.

 

My Questions are:

 

  1. Since the property was gifted by its Original Owner (Y) to F. Hence A, B, C, D & E cannot claim any right on the said property till now.

         2.   Did Y have any right to gift property in the name of her daughter (F) without the knowledge and signature of A, B, C, D & E, since all of them were the legal heirs of the said property ?

          3.  Can A, B, C, D & E claim their right on the property after Y gifted her property to her youngest daughter F ?

                4. Can this action taken by A, B, C, D & E will be called has Change/Modification/Null and Void/Cancellation of Gift Deed?

5. Can A, B, C, D & E take stay on possession and sale of said property?

6. How A, B, C, D & E can impose fraud case against F as Y has kept the A, B, C, D & E also in the last registered will executive in 2005 after cancellation will executed in 1997, stating sole ownership to F.  

Regards,

I (Son of C)

STUDENT.... (.......)     16 November 2013

F is the sole owner of the said property as the property was gifted to her by its original owner.

 

No one has right on the said property.

 

Since the property is in the possission is with A as fighting a case for the said property is gonna take years to close the same. They can rejoinder the Family Aggreement/settelment.

In the family agreement they can mention the percentage of share from the said property.

 

If incase you don't agree with the same then in that case nothing can be done a part from loosing the case as the registered gift deed has lot of weightage in the court of law.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Start a New Discussion Unreplied Threads



Popular Discussion


view more »




Post a Suggestion for LCI Team
Post a Legal Query