LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Mohan (NA)     27 January 2014

Is gifted property challengable?

I along with my family (one son, daughter, daughter in law and a wife) lives in a floor which is under the ownership of my elder brother.  Now my elder brother wants to gift this floor to me.

Elder brother has 2 daughters and one son, wife deceased. My Question is whether a gifted property can be challanged later? If yes then what should I do to make sure it is not challanged and no legal disputes later?


 5 Replies

Adv Archana Deshmukh (Practicing Advocate)     27 January 2014

If it is the self acquired property of your brother,  then he can legally gift it to you. The gift deed should be properly stamped and registered. 

Mohan (NA)     27 January 2014

Thanks maam. I have another question. Will the gift deed require signatures from my Elder brother's son and daughters at the time of registration?

LegalArrow ( Advocate Bangalore)     27 January 2014

if it his self acuired property, then IT IS NOT NECESSARY for Elder brother's son and daughters signatures. But since nothing is done "as per law" in this country, and for you to be tension free to sleep in the night, try ur best much to get thier signatures on the gift deed/ settlement deed./ relinquishment deed or whatever u want to name it.. but more importantly it has to be seen if the property is his self acquried or not.

Helpseeker (Manager)     28 January 2014

Dear Sir,

I am in process to a mutual divorce petition with my wife. The full n final settlement involves transfer of a jointly held property in mumbai to her name. does it need to be done by a gift deed/release deed? I understand when you say it has to be stamped and registered, it means registering it in sub registrar office of the region. I want to safegaurd myself in case my wife refuses during 2nd motion, how can it be done? If I sign and keep the registered deed with me and handover only after/during the 2nd motion, can this help? Even if the registered deed is with me, but in the records of sub registrar it has always been updated, can she not get a copy of registered deed made in duplicate and ditch me during 2nd motion. 

we are in a deadlock as to whether the registration of gift deed should be done before 2nd motion (which is in her ineterst and I am unsafe as she may not appear or 2nd motion) and I want to do this immediately after 2nd motion so that i am sure that I am getting divorce (but now she is feeling unsafe that I may not turn up after 2nd motion and she will be stuck). 

Is there a middle path available. How can either I or she can provide gaurantee (say financial gaurantee) and ensure inetersts of both are safegaurded. What should be the procdure followed considering property is in Navi mUmbai.

Milon Mukhopadhyay   10 July 2016

My late Father who had purchased a property with 3 others in 1948 had the same registered in his name. Subsequently he gifted the property to my Mother in 1972 which was registered. My Mother in turn gifted the property to her 4 sons out of 10 sons & 2 daughters in 1987, which was registered.Subsequently 4 sons made a mutual partition and got the same registered in 1999..

Father died in 1978 , Mother died in 2001. 3 brothers also died in between.

Now suddenly one brother has filed a case u/s 151  39r 1& 2 of Code of Civil Procedure against me & 3 brothers after nearly 44 years and praying for a Decree of Declaration ithat the 1972 Deed of Settlement in favor of my Mother by Father. be declared fradulent, collusive, illegal and not binding on the Plaintiff & the same for 1987 Deed of Gift by Mother to her 4 sons. 

Plantiff also demamnded that he should be declared as a co-owner and also a permanent injunction restraining the defendants from changing the character of the suit property.

My question to the learned Forum is as under.

1. Can the Plaintiff file a case as above challenging the Deed of Settlement against my Father who is NO MORE to defend himself, after 44 years ?

2 Can the Plaintiff challenge the legal validity of Deed of Gift of 1987 of my Mother , who is NO MORE in favor of 4 sons  after a gap of 29 years ?

3 When both my Parents are Dead and can not defend themselves, will the case filed against me be summararily rejected by the Hon.Court ?

4.Can the Plaintiff or for that matter other brothers who have not got their share in the property, can now cahllenge the decisions of our Parents ?

Shall highly appreciate if you can guide me on the above. The matter is posted in the Ltd.Court of Civil Judge, Kolkata, for hearing in August 2016.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register