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varun   25 June 2016

Time limit to challenge gift deed

My fathers self acquired property is partioned between me and my brother and registeted before 6 years as gift deed ...as my land is far so they give me 2.15 acres my brother land near to road so he got 1.75 acres..now 1)he filed a case to split lands equally ...is it possible to split? But I didn't want to split because i had made huge investments on my land.. 2)after 6 years of gift deed is he able to challenge that? What's the time limit for gift deed to challenge


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 8 Replies

JustAdvisor (IT)     25 June 2016

i am presuming all legal formalities for a gift deed are complied with - in which case a gift deed once made can rarely be challenged or revoked. you have a very strong case.
1 Like

Kumar Doab (FIN)     25 June 2016

You have not posted what is his complaint/plea in the case filed by him?

 

The gift can be made by the owner in his/her life time.

It is prsumed when the gift deed was registered your father was alive.

You have posted that it is self acquired proeprty of your father. The owner can dispose his estate in his/her life time as it pleases to him/her.

The gift deed can not be cancelled without consent of Donor and donee and can not be revoked without order of court.

Based on facts posted by you, you do not seem to have a weak case.

 

 

 

1 Like

Kumar Doab (FIN)     25 June 2016

You have not replied to the points raised.


Suit of declaration to cancel the gift deed should have been filed within three years of the knowledge of the existence of the gift deed. It has been 6 years. 
If there was any fraud and coercion in gift deed, then it may get cancelled.

Gift can be cancelled by consent of donor and donee.

Gift can be revoked by Court alone.

 

What is the opinion of your own counsel?

 

1 Like

varun   25 June 2016

father is dead..father gives gift deed

Sudhir Kumar, Advocate (Advocate)     26 June 2016

local inspection and perusal of paers is needed.  Meet a local lawyer.

Sudhir Kumar, Advocate (Advocate)     26 June 2016

kindly visit

 

https://www.lawyersclubindia.com/forum/Asking-share-in-my-own-property-138795.asp

 

it appears you have a sister as well.

1 Like

Kumar Doab (FIN)     26 June 2016

You have posted that:

"father is dead..father gives gift deed".................."My fathers self acquired property is partioned between me and my brother and registeted before 6 years as gift deed "

 

Contest the matter and defeat the claim on merits in court.

Engage a very able counsel specializing in family/property/revenue/civil matters. 

1 Like

Kumar Doab (FIN)     26 June 2016

Don't repeat the query.

Post full facts in one go.

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