Challenging Gift Deed
Balaji Bakthavathsal
(Querist) 06 February 2011
This query is : Resolved
During partition between three brothers, a property was allocated to one of the three brothers and at the time of partition it was agreed upon by the coparceners to use that particular property as a common burial ground. The widow of the person to whom the property allocated executed a will and bequeathed the same to her foster son. The foster son in turn gifted the property to his sons and registered the gift deed in the year 2005. The foster sons through power of attorney converted the burial ground in to residential layout thus depriving the burial rights of the family members. Can the Gift deed be challenged now after a period of almost 6 years ?
Basavaraj
(Expert) 06 February 2011
Yes the Gift Deed can be challenged.
Raj Kumar Makkad
(Expert) 06 February 2011
There is no matter of limitation in this matter because date of knowledge shall decide the cause of action.
R.venkatesh Naidu
(Expert) 11 February 2011
the question is not clear. please explain briefly.
The gift deed could not cancelled. because the gift deed has been registered. If it was created under coercion, or made under any of the against the law when the person proves it it may challenged. otherwise no chance.
