Gift and will deed

Querist : Anonymous (Querist) 04 December 2010 This query is : Resolved
My mother has acquired a Govt site in 1969, measuring 2400 sgft and She has two daughters and one son. she had made a registered gift deed for 1600 sqft of site to me in 2008 and rest she wants to give it to me she wants to make a will deed for another left over 800 sqft. as my father before death has informed my mother rest property should be given to me in his dairy.

My sister is claiming that daughters has more right than son as per law. please answer following questions.

a) Whether the registered gift deed can be disputed in court of law.

b) Whether my mother can give a will deed set aside my sister claim

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adv. rajeev ( rajoo ) (Expert) 05 December 2010
It is your mother's self acquired property, she can dispose it according to her will and wish. It is wrong that daughter have got more right than son.
Yes regd., gift deed can be disputed
It is your mother's property, she can execute the will in your favour.

Arun Kumar Bhagat (Expert) 05 December 2010
a) All deeds can be disputed in court of law. You can not injunct a person from disputing it.

b) If your mother is alive then take gift and make gift deed.Will can be effected only after her death.

M/s. Y-not legal services (Expert) 05 December 2010
1. If its your mother's self acquired property mean she can do any encumberance on that property.. 2. If its your father's self acquired property mean this property should be devide as per his will or wish. I mean your father's diary is available mean its can be treated as a secondary evidence. If no will mean its should divide as equal share.

M/s. Y-not legal services (Expert) 05 December 2010
One more thing as per law, your father's legal heirs having equal share.. Its wrong thought that daughters having more rights than sons.

Uma parameswaran (Expert) 05 December 2010
I am supporting above views.

Khaleel Ahmed Mohammed (Expert) 05 December 2010
I agree with Mr.Rajeev.

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