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registered gift deed from father to son


My father has gifted me the house  ( only house) he owns. (Location Jamshedpur, Jharkhand). Now my sister is trying to get the share.My mother is also with her side. Although registered gift deed has been done, she is trying to put a case of forgery. As my father is very old , she is just waiting for him to be no more and then she can put a case claiming that I had  influenced my father for this gift deed. Since presently my father is alive, she can not take any action. She has also approached lawyers who executed the gift deed and bribed them. They have suggested her to wait till father is no more and then they can help her to prove that this gift was done under undue influence.  all three the witnesses are from lawyer's firm, he and his 2 employees,  what safeguard should I take to avoid this situation when my father will not be with us. Kindly suggest.

 
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For that matter, any one can file any case against you and it is upto them to prove. You are the rightful owner of the property. Ensure all records (local govt/power/water/etc) are transferred in your name. Send her an email communication informally that your father has gifted the property to you. This will ensure that she does not claim 'no knowledge', etc.

 
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senior

if the property is his self acquired property then your sister will not have any right to claim share in the property. If possible ask your father to execute will by mentioning that it is his selfacquired property and out of love and affection he gifted the property to you. Better get the WILL regd.

 
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@ S. Shravanan Kumar  : This is a self earned property of my father. GIft deed is registered and this is mentioned that he is gifting out of love and affection. Does he need to execute a WILL also and get this registered ?? Does executing a WILL on top of this registered gift deed has added safeguard??

 
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LEGAL COUNSEL

Best and fair way of settling this would be on mutual grounds. As a sister she should also honored with father's property of her share. Have a discussions with her and record a family settlement to avoid post facto litigations!

 
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My father is not comfortable with this as he doesn't like brother in laws greedy nature. He intends to partition the house. In fact my father desperately tried to do this deed so that he may not claim once he is no more. So this is not a solution. What I need to know is how can I protect this from his bad eyes and can fulfill my fathers only wish.
 
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Advocate & Regd. Patent Attorney

A gift deed does not need any endorsement / consent from the near and dear ones. Once it is registered it is for good. Also as mentioned the property by your father is self-acquired, so there is no question of partition or division. Be sure, that your father was in good health and state of mind, when he executed this gift deed, if all these things are in your favour, do not worry, you may have to face the situation of hatred and also contest cases if your sister files, as she has not got anything, but ultimately, they cannot undo the gift.
 
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Lawyer

Pure academic query.

After acceptance of the gift by donee the gift is irrevocable and if challanged it would not sustain.

 
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Thank you Mr. Vaidhya & Mr. Vasistha,

I am sorry to repeat again my following concern,

She has also approached lawyers who executed the gift deed and bribed them. They have suggested her to wait till father is no more and then they can help her to prove that this gift was done under undue influence. all three the witnesses are from lawyer's firm, he and his 2 employees, what safeguard should I take to avoid this situation when my father will not be with us. Kindly suggest.

What intention can be there behind this? In the lawyer's mind who has facilitated this gift deed.

Further, After gift deed, the application for mutation  of property in Municipal corporation was put. The surveyers went to inspect the home as a procedural part. My sister and mother who  stay there  ( till now) made a chaos with them and municipal corporation put a hold on mutation. They asked my mother to provide a objection letter and on the basis of that letter, they have put mutation on hold.  Please let me know if the mutation is not done while my father is alive, does this have any implication?  I  am paying all taxes to municipal corporation against previous mutation on my father's name.

 
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Lawyer

Nothing to worry, whether your father is alive or not, it hardly matters when he has executed and registered the Gift Deed in your favour.

The objection , if any, raised by your sister, mother or any one else shall have to be dismissed i.e., it would not sustain.

Consult and engage a prudent local lawyer.

 
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