Iam from Hyderabad , we are 2 brothers and one sister , we have one plot which was purchased by my father In 1980 and wants to gift the same to me without any condition and fully valid as per law and at my father’s interest even though, iam one of the legal heir Hindu Succession Act to avoid litigation in future
My brother also give consent for the same orally and not necessary to take in written as we have good understanding .
Can this gift deed can be legaly questionable in a competent court of law by anybody ie like my brothers daughter or by my sister ( It is not possible to take NOC form her) or last by my brother ( least case) .
And is there any time limit of for legally challenging the gift deed
It is believed that you are all Hindu, the property of father is self earned/acquired, and your father is alive.
Confirm!
If you are all Hindu, the property of father is self earned/acquired, and your father is alive, then he can dispose his estate in his life time by a valid deed e.g; Registered Gift deed.
The gift is complete when gifted by donor and accepted by donee.
YOU can try by asking the brother and all ClassI legal heirs i.e; Mother, wife, son and daughters to sign as witnesses (in a sense consenting witnesses).
if geft deed is registered no NOC is required but if gift deed is not registered NOC from all legal heirs is required
dear Sir ,
if gift deed is registed then no NOC is required ,is there any possibility that Regsited gift deed can be legally challengable as No NOC is taken from others .it is to confirm that the proeprty is self purchased by my father.pl suggest as per HIndu Law.
Thanks
Mohan
For gift of Immovable Property gift deed has to be registered.
Owner alone can gift.
Owner is to present for registeration.
NO NOC in case of self earned/acquired property is required.
Court alone can revoke the gift deed on valid and proven grounds e.g. gift was under coercion, fraud.
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