Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Common Man (Occupation)     31 August 2016

Gift deed related

Respected Lawyers,

 

'A' has got his self acquired property gifted to his daughter and passed away. He mentioned in the gift deed that none of his sons or their family members have any rights on the gifted property including 'A' thereafter. How far is it true? Can 'A's sons challenge the gift deed in court? Can you please give me a clarity on this issue.

Thanks in Advance.

Regards,

Shiva



 27 Replies

Suri.Sravan Kumar (senior)     31 August 2016

You did not state whether the Gift Deed is registered or not? Pl clarify.

1 Like

G.L.N. Prasad (Retired employee.)     31 August 2016

There are several missing links.

1.What is the date of gift deed.

2.When your father passed away

3.Who is in possession of property now.

4.What about mutation in Govt. records (Change of name)

If it is a self acquired property, filing of such suit is a vain exercise.

1 Like

P. Venu (Advocate)     31 August 2016

What is the real issue! You ahave made more than one posting disclosing selected facts.

1 Like

Kumar Doab (FIN)     31 August 2016

Mr P. Venu is right in his observation.

Kumar Doab (FIN)     31 August 2016

If the gift deed is registered and gift is accepted by donee then it should be complete.

 

1 Like

Common Man (Occupation)     31 August 2016

Greetings to All,

 

The property is registered months before A's death. Mutation has been done and A's daughter is in possession of the property. Awaiting for your valuable suggestions. It means a lot to me.

 

Thanks & Regards,

Shiva.

Suri.Sravan Kumar (senior)     31 August 2016

Then the Gift Deed is perfectly valid in the eye of law.. If they challenge it they will not succeed.

G.L.N. Prasad (Retired employee.)     31 August 2016

Sons can never file a suit and may be a mere threat, as they have to pay Adv.Stamp duty as they are not in possession, without an iota of hope for succeeding in such suit.  You are safe and have a valid title as property was duly registered in your name and in your possession.  You have done mutation also in your name.  Be confident, you have a valid title..

Kumar Doab (FIN)     31 August 2016

The son can contest on tenebale grounds if any.

Court shall decide on merits.

Apparently the merits does not seem to be on side of son.

Common Man (Occupation)     31 August 2016

Thank you All. 

Hi Sir,

You said tenable grounds and merits. Can you throw light on this?

Thanks in Advance.

Kumar Doab (FIN)     31 August 2016

You may revert to the point raised by Expert Mr. P.Venu:

'What is the real issue! You have made more than one posting disclosing selected facts.'

 

How are you related with these matters?

You are on which side?

 

 

Common Man (Occupation)     31 August 2016

Hi Sir,

I am the grandson of A. Since the property now belongs to A's daughter, how to proceed in evacuating A's sons from the house as they are at her house for the ceremony of A and now they are not willing to leave the house.

Your suggestions are very helpful sir.

Regards,

Shiva

Kumar Doab (FIN)     31 August 2016

You have posted that:

"Mutation has been done and A's daughter is in possession of the property. "

Ask them to leave.

 

1 Like

Common Man (Occupation)     31 August 2016

Thank you very much sir. Does she has to proceed legally or just ask them to leave directly? Which one would you suggest because they are not leaving when asked to?

Regards

Shiva.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  



Post a Suggestion for LCI Team
Post a Legal Query