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Sunny (Sr.Manager)     09 August 2013

Limitation period to challenge a registered gift deed.

Dear Lawyers,

My mother has gifted a property  which was registered in may, 2010 and she died in june, 2013. According to law of limitations is it valid to challenge the registered gift deed after 3-years by my siblings in the court of law filing a petition for Partition, Cancellation and Permanent Injunction?  Please clear the period of limitation. Some lawyers says it is 3 years after which no body can filed the suit in any court of law while some are of the opinion that it is 12 years.

Kindly, clarify as it would be quite helpful for me while answering the suit filed on above ground against me.



 7 Replies

Suri.Sravan Kumar (senior)     09 August 2013

pl be specific why do you want to challenge the registered gift deed executed by your mother. On getting clarification your question will be answered.

A.SUMATHY 9380902017 (LAWYER)     09 August 2013

Limitatation 3 years date of knowledge, who file the suit.

Once registered gift deed executed, court can not cancel. 

adv.raghavan (Advocate,9444674980)     09 August 2013

why ur siblings want to contest ur gift deed? is it ur mothers self earned property? or it is inherited property? give us full picture .

Sunil Purohit (service )     09 August 2013

CANCELLATION OF GIFT DEED: 

Pls let me know what if wife of younger Bhatija ( Elder Brother’s son)received gift deed and duly registered and document witnessed by my

only son and  elder bhatija ( of same elder brother). My elder brotheris no more in world but my younger brother is alive and having 3 sons

and 1 daughter. I too have 3 daughters and 1 son who witnessed my gift deed executed to wife of younger Bhatija 3 years ago.

The problem arises when my younger brother got to know by ourself orally that i have executed gift deed to wife of younger Bhatija

having witness of my only son and elder bhatija ( of same elder brother). He became angry and told me about my mistake and disagreed

the act since we all have made without taking him  and my 3 sisters (1 dead)  into confidence. Actually the plot was in my name during allotment 30 years ago ( but

money for whole plot was given by my late father, hence it was ancestral as per family but legally the name was mine due to

allotement letter issued to me) and all electricity and water bills were coming in my name. My elder brother widowed wife called me for

ractifying electricity and water bills and by repeated calls I went to their home where she infront of his two son ( in absence of 2

daughters since they never trust them) told me that this plot she wanted to give to her younger son’s wife and my 2nd son has no

objection in it. I asked him the papers but younger son (of whome wife is supposed to be gift donnee)  did not showed me papers and told that

all papers to be signed are with advocate and went to registry office and executed gift deed to wife property.

 

Now we have other ancestral properties where my elder brother’s sons & all family name is appearing which is still not corrected from title

point of view. My younger brother is telling me why I have executed gift deed without my permission and now asking cancelling it since other ancestaral

properties are having elder brother’s family members name. I feel into trouble by being cheated and not properly informed about law. I did it

in good faith but I was unaware about law.The tension increased when I called to my nephew that please give me copy of registered gift deed , my son and I am calling since last 3

years and after 3 years he replied telephonically that I will not give you any copy. I felt my self cheated and in tension from all family ( my own family

and my younger family since our other ancestral property matter is unresolved). What should I do  to cancel this gift deed??

Please help……

 

Ramesh Kumar

Sunny (Sr.Manager)     10 August 2013

Dear Sir/Madam,

My father purchased a residential plot in Haryana in 70s he died within four years from the date of purchase after death the plot has been transferred to his legal heir my mother.  We are real 5 bros. & 5 sisters all the adult children signed NOC while transferring the plot in mother’s name in late 70s. Now this plot has been completely transferred in my mother`s name individually and she was paying all the outstanding taxes (yearly) to HUDA. It was later registered and conveyance deed was made in my mother`s name in 90s.  This plot was sold out in late 90s and we purchased a society flat in Delhi from that amount. This flat was purchased in mother`s name individually . At that time the flat was purchased in GPA but later in 2010 it was made free hold after paying proper duties and conveyance deed was made in 2010 in mother`s name. I am the youngest child (real Son) so my mother has transfered this society flat due to love & affection in my name through a registered Gift Deed in presence of 2 witnesses in May, 2010. After the death of my mother in June, 2013 my elder sisiter filed a suit against me for Partition, cancellation and permanent injunction. All the sisters and she was intimated by my mother in 2010 itself about this gift deed. But now sister has stated in the suit that she came to know about this gift deed only after mother`s death. She is telling lie but did she prove in the court that she was not knowing about gift deed in 2010?

Advocate Vishnu (Advocate)     10 August 2013

From the above facts, since your mother is the absolute owner of the property, she is legally entitled to execute a gift deed to whomsoever she pleases. since you have obtained this property from your mother, you are its absolute owner. Yours sisters do not have any right on the said property.

Vinay Lakshminarasimha   30 May 2021

My father has gifted site during 1970 to my elder brother with registered deed along with two witnesses. But my elder brother is working in Bank and was in different place during the time deed was executed. So I assume there was no acceptance by elder brother? Can as a daughter can I get share in property now? 

My father expired two years back and I want to file case against my elder brother. Let me know.

To let you know, my Father gifted site to my elder brother without any consideration and he just wanted his son to construct house where my father can stay and also for the purpose of obtaining Bank loan elder brother got this gift deed.  Can this be challenged in court of law? Also is limitation period expired? I came to know this 4 years from now. 

 

 

 

 


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