LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Sunny (Sr.Manager)     11 July 2013

Registered gift deed can it be void after death of donar

My father purchased a residential plot in Haryana (under HUDA scheme) 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. 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. 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. 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 but there is cataract operation performed in one of the eyes of my mother in June, 2010. My mother expired in June, 2013. After her death one elder sister and two elder brothers of mine started objecting that this gift deed was made forcefully and fraudulently by me. They`ve planned to file a suit claiming that this flat purchased from the source of father`s plot sold amount. My mother was in full conscious in 2010 & in 2013 she was died due to brain tumor which was detected in 2013 only.  All the medical expenses of mother were borne only by me and I have medical bills and reports with me. Now, I came to know that my sister and brother has planned to take a stay on sale purchase of flat through the gift deed and trying to prove that my mother was not in her wits and of unsound mind and blind in one eye during the time when gift deed executed ( actually it is not true). They have also arranged a true copy of my gift deed from the Sub-registrar`s office and also arranged the medical bills that mother was not in her wits in 2010. They have arranged all the documents after the death of my mother in 2013. My concern is that should they take a stay on my gift deed after filing a suit on the basis of cataract in one eye, source for the purchase of this flat i.e. after selling the plot which was earlier in father`s name, later transferred in my mother` name and sold out this flat was purchased in mother`s name only in late 90s and do they able to make the gift deed void in future on these basis. Please help.


 5 Replies

deviprasad (B.A.LL.B)     12 July 2013

properties is of two types -  1.self acquired property   2. coparcenary property.( vamsh parampara).

in this case,1. the property(house) is bought  by your father and not by your mother.

2.after the death of your father it was transfered to your mother (as legal heir).

3.if your father prepared a will, then the property will be divided according to it.

4.If your father didnt wrote will, then the property will be divided in equal shares as per the hindu law( if u r hindu)

5.the house is not self acquired by your mother, but it was transfered after the death of your,she cant gift it to you, each and every brother and sister of u will get share in that house.hence the gift deed is void.

Sunny (Sr.Manager)     13 July 2013

Dear Devi ji,

The flat in which I and one of my brother is residing nowdays was purchased by my mother in late 90s and she was the sole owner of this flat and  gift deed is executed for this flat. It`s plot which was purchased by my father in 70s which was later transferred in mother`s name and was not gift deeded any how, this plot was sold out by mother in 90s after registry of that plot. If gift deed executed for the transffered plot (the sold one) which according to you a coparcenary property( vamsh parampara). Mother has no right to gift deed that plot.  Isn`t it ?

Kishtaiah (Advocate)     13 July 2013

Dear Sunny, Don't worry gift deed of your flat is not void nor is voidable. Your brothers can succeed in their suit claiming it to be ancestral property.

Kishtaiah (Advocate)     13 July 2013

That was typing error.  I say your brothers cant succeed in their claim.

Sunny (Sr.Manager)     16 July 2013

Dear Kishtaiah Sir,

My original property documents are kept in my mother`s almirah she locked it and hand me the keys of same before her death. Now my elder brother forcefully acquired the almirah and locked the almirah in his room but keys are still with me. Is it legal or illegal to nab somebody`s legal documents. Is there a way I can take a legal step. Which kind of suit to be filed in this case?

Beside ,one of my brother residing with me since the time of mother, his wife and one of my elder sister (she has her own husband house nearby) mentally harrasing my wife and four year old kid. Do I take a legal action to stop my sister visiting my flat. This flat is a society flat.

They are still planning to take a stay on sale/purchase of my flat. As stated in my previous mail they are arranging duplicate medical bill of mother Cataract poblem in 2010 when gift deed executed and also trying to arrange duplicate papers of both properties i.e. papers of solf plot in Haryana and my flat in Delhi.

Are they able to take stay order from the court? and proceed with any kind of legal suit.

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register