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jothi   01 August 2016

Grandmother gift deeded the land to daughters

My grandma wrote a gift deed on her 2 daughters, she have 3 sons as well. This property was not her self earned property, it was gift deed by her parents. 

my Father was the elder son in the family and till now he is taking care of the entire family. My grandparents had not done anything to their children. from his 10 

year old my dad is taking care of everybody and everything through his own earning. For my both the aunts my father only did marriage and all dowry expenses.

last year my aunt called grandma to her home to stay there for some time till that grandma was in my dad home. we came to know that 1 year back grandma land was 

registered in her daughters name as a gift deed.

My question is
1. is it possible to wrote a gift deed only on daughters when son is there, when it is not her self earned property.
2. is it possible to cancel the gift deed as my aunts made a forgery by brainstorming grandma and taken the property on their name.
3. My father spent his whole life taking all expenses on his head for his parents, sisters and brothers. Whether he can  fight property on behalf on this(he have the 

more rights on the property)?

Please suggest soon...
My father his more depressed due to mother and sisters cheating on him, who as done everything to them by drying his own blood.



Learning

 9 Replies

Kumar Doab (FIN)     01 August 2016

You have posted that:

"This property was not her self earned property, it was gift deed by her parents. "

The nature of the property obtained after gift deed might be Self Acquired.

The self acquired property ( like self earned) can be disposed by the owner in his/her life time as per hsi/her sweet will to anyone.

 

 

Nitish Banka (lawyer)     01 August 2016

You may file declaration civil suit in court, if you thin gift deed was fraudulently executed.

Warm Regards

Adv. Nitish Banka

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     01 August 2016

Sir,

 

If you could share the facts and circumatnces under which the gift deed is execusted, I will be in a better position to comment, becasue there are many facts like love and affection, mental capacity of the executor, conduct of the donee before the gift deed is made and if the donor of the gift deed is alive she herself can come before the court and claim that the gift was made by fraud or misconception of fact. 

 

You can read my article on the cancellation of the gift deed at https://kapilchandnaadvocate.wordpress.com/ ................ get back to me ... 

 

Warm Regards 

Kapil Chandna Advocate 

9899011450

jothi   02 August 2016

Thank you for your kind reply.

The gift deed was made like "love and affection on her daughters". My grandma is alive and now living at her daughter home, she is standing behind her daughters. She is not mentally challenged but who ever brainwashes her, she will turn on behalf of them(don't have any love and affection towords any one).

And still last year her whole life was taken care by my father. we are living in bangalore and we have a prove of ration card that she was living in my dad home. Her daughters and land were in krishnagiri(tamil nadu). For registration also they used the bangalore ration card.

Can't we fight on behalf like he as taken care of the whole family till now? 

 

Kumar Doab (FIN)     02 August 2016

'she is standing behind her daughters. '.

She was owner and has disposed her proeprty by gift deed.

Your father had and has moral responsibility to support his family, parent.

 

jothi   02 August 2016

My dad is not the parent for his sisters, he is working from his 10 year old for the entire family. As a parent my grand parents had not done anything to anyone. He did the marriage for all his sisters and brothers. And he lost and he were not able to fullfill his own family needs just because of spending it for his entire family.

Now my dad "mother" thanked my dad in a great way by gift deeding the land to her daughters(who were not even asking "how are u "till last year, now showing all love towards mother just for property)

 

Kumar Doab (FIN)     02 August 2016

'She was owner and has disposed her proeprty by gift deed.'

 

The legal view has been posted in this thread.

Your own counsel can advise you further.

 

jothi   02 August 2016

Even i understood it is a legal view sir.

I' m asking solution for this?(What are the outcomes)

My question is
1. is it possible to wrote a gift deed only on daughters when son is there, when it is not her self earned property.
2. is it possible to cancel the gift deed as my aunts made a forgery by brainstorming grandma and taken the property on their name.
3. My father spent his whole life taking all expenses on his head for his parents, sisters and brothers. Whether he can  fight property on behalf on this(he have the more rights on the property)?

Kumar Doab (FIN)     02 August 2016

Last Reply:

 

1. "This property was not her self earned property, it was gift deed by her parents. "

"The nature of the property obtained after gift deed might be Self Acquired."

"The self acquired property ( like self earned) can be disposed by the owner in his/her life time as per his/her sweet will to anyone."

 

2. It is not forgery.

" she is standing behind her daughters. "

The gift confers ownership with immediate effect.

The gift can not be cancelled without explicit consent of Donor and Donee.

 

The court alone can revoke the gift.

" she is standing behind her daughters. "

 

3. It was and is, his moral responsibility.

 

In this thread various stances have discussed, to illustrate.

Rest is upto you. 

You may poceed as deemed fit to you, at your end.

 

 

 

 


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