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Common Man (Occupation)     03 October 2016

Gift deed related

Respected Lawyers,

I really need you all to help me out.

Mr.A has registered his self acquired property in the form of gift deed to his daughter out of love and affection as she took care of him and his wife for many years with the support of her family. In A's last days, his sons came to him and took all his and his wife's savings from banks before he passed away. Now his sons settled in her (A's daughter) house and are asking A's daughter for their share in property. They also sent a legal notice to her on their mother's behalf stating that A has wriiten a will that after his demise, the property shall belong to his wife. They also have blank papers with A's signature and thumb impression and are not allowing anybody to meet their mother (A's wife) including A's daughter.They are saying that if it shall not be shared then they would go to court. 

They also mentioned that the gift is made by fraud which is not true.

Hoping for an early reply.

Thanks & Regards

Shiva.

 

 



Learning

 14 Replies

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law)     03 October 2016

The ideal remedy for you is to file a suit for possession against the said brothers. The daughter should claim absolute ownership Over the said property , by virtue of the gift deed and seek possession of the suit premises . In case the false will is used as a defence , then amend the suit and seek declaration of the same as null and void . Augustine Chatterjee 9999931153

Common Man (Occupation)     04 October 2016

But what are the daughter's chances of success? Can a gift deed be revocable after the demise of donee? 

Adv. K.S.A.Narasimha Rao (legalquestadvisor@gmail.com )     04 October 2016

100% right over the property will have by daughter.

GANDHI MOHAN BHARATI (Pensioner)     04 October 2016

The gift deed has given full rights to the daughter. From the time of execution of the gift deed the daughter is the owner. Even if a will had been written prior to the gift deed, the will canot supecede the gift deed, particularly when the property is self acquired.

It will be pretty difficult to prove a registered gift deed as false.

The daughter can even file a police case of illegal trespass into her property.

Ms.Usha Kapoor (CEO)     04 October 2016

The daughter should file  a suit for declaration of title by virtue of gift deed in her favour and possession of her gifted property as to everyone's knowledge she alone took care of her parents  a long time or  till her father's last days. She can also pray for declaration of will  as  fake forged and . fabricated and therefore null and void.Let her engage aN EXPERT CIVIL LAWYER WHO IS WELL VERSED IN PROPERTY MATTERS. If  YOU APPRECIATE THIS REPLY PLEASE CLICK TH E THANK YOU BUTTON ON THIS FORUM..

Common Man (Occupation)     04 October 2016

But when 'A' was taken away from his daughter's house in her absence, they admitted him and his wife in a hospital and made him register a case against section 420 that gift deed was done by fraud and printed the same in newspaper. After this, 'A' and his wife were brought back to his daughter's house saying hospital authorities discharged them.

But in reality, gift was made out of love and affection for daughter. 

 

SANKARPRASAD (MNGR)     04 October 2016

New case:

Mrs. "A" is hindu widow and  had two properties( AW & AS).

AW --- Got through will from her mother in law in 1960s.

AS she(A) got through settlement from her mother inlaw. Both properties are side by side. 

A had three daughters and one Son( Son Deceased recently But this Son had a wife and daughter).

A's husband is AH.

There is a property on the name of AH.

A settled some portion (say 1/5th )from the AH Property to her eldest daughter through without consent of other two daughters and daughter in law.

Did A had any rights to distribute AH's property as she likes through will or some thing to the persons as she likes?.

Reg. AW Property :

This A got through will in 1960s. Had any of her daughters and son's family members( daughter in law etc.,) got any right on this?.

Pl. help.

Regards

 

Pl. help.

Regards

SANKARPRASAD (MNGR)     04 October 2016

F is the father to A and AS . A and  AS ae sisters. F kept some jewellery of nearly 500gms  and 5.0 kgs. of silver  with A and asked her to handover to AS afer his( F's) death. And this AS wants to handover that jewellery ( Old traditional and what she got from F to handover to AS) through Gift between family members. This old jewellery is in their family since 1960s.

Will it attract any gift tax in Aandhra Pradesh? if so how the valuation of Gold & Silver will be done? any standard pocedure fo this valuation?.

If Gift tax applicable how much t may be?.

 

Pl. help.

Ms.Usha Kapoor (CEO)     04 October 2016

AH property  is in As husbands name. formal consent  of other 2 daughters anddaughter in law should have been taken  before transferring 1/5 th of   propertry in favour of her eldest daughter. aNYWAY IT IS LEGALLY VALID. A  AND 3 DAUGHTERS AND DECEASED SSON IF ALIVE WOULD HAVE TAKEN 1/5 TH SHARE EACH IN THE PROPERTY. Without  the consent of  her  3daughters and widowed daughter in law  A can't deal or dispose of AH- her husbands properrty in whatever manner she likes as  each of  them takes 1/5 th share in AH property.Regarding AW property she got from will it is her absolute property and as owner of that proprty she can  sell,mortgfage, bequeath, gift or exchange to anyone she likes. .If you appreciate this answer please click the thank you button on this forum.

Ms.Usha Kapoor (CEO)     04 October 2016

AH property  is in As husbands name. formal consent  of other 2 daughters anddaughter in law should have been taken  before transferring 1/5 th of   propertry in favour of her eldest daughter. aNYWAY IT IS LEGALLY VALID. A  AND 3 DAUGHTERS AND DECEASED SSON IF ALIVE WOULD HAVE TAKEN 1/5 TH SHARE EACH IN THE PROPERTY. Without  the consent of  her  3daughters and widowed daughter in law  A can't deal or dispose of AH- her husbands properrty in whatever manner she likes as  each of  them takes 1/5 th share in AH property.Regarding AW property she got from will it is her absolute property and as owner of that proprty she can  sell,mortgfage, bequeath, gift or exchange to anyone she likes. .If you appreciate this answer please click the thank you button on this forum.

Ms.Usha Kapoor (CEO)     04 October 2016

A''s father  when he  was alive and silv er had given  her some jewellery to A to handover them to his2nd daufghter AS.. A has no rights to  gift these properties gold andJdewellery to her family members without the consnet of AS IN case AS is  dead and if she doesn't have anyl legal heirsof her own thenA  gets  rights over  the  gold Jewellery and silver so sahe can gift it among her immediate family members.If you appreciate this answer plese click the thank you button on this forum. Property gifted mong  specified relations  of the donor does not attract any  gift tax.

 

A

Common Man (Occupation)     04 October 2016

Hi Mr. Sankaram,

If you have a new query please post it in a new thread which will avoid confusion to all. The link to my previous query has been lost.

 

Dear Lawyers,

I am waiting for your valuable suggestions because my query is not attended yet.

Thanks & Regards,

Shiva.

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     05 October 2016

At the time of registering the gift deed, generally the registrar put a notice on notice board for receiving any objections from the parties or public. If any objections not received within a stipulated time, the registrar do register the documents. so once registration is completed, now objections are invalid on  the deed. 

Common Man (Occupation)     17 October 2016

Dear Lawyers,

 

The reply for their notice is given. Now, how to make them vacate the premises? Please suggest


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