Civil case regarding indian succession act.
rajesh gandla
(Querist) 01 June 2017
This query is : Resolved
Morning All,
Kindly advice me on the below situation.
Mr.A died in the year August 2004 and has 1 son B and two daughters C & D.Mr A has gifted two properties to C & D in the year May 2000 and got registered in their respective names.
The Son Mr B is not willing to gift the properties to C & D, also Mr B has signed as witness in the Gift documents with the force of his father Mr A.
Mr B has three sons who are all majors at the time of writing the Gift Document.
My question is can sons of Mr B can object for a share in the present day on property of C & D.
Kishor Mehta
(Expert) 02 June 2017
Sir,
Whether the gifted properties were self earned? Whether the gift deeds were adequately stamped and registered? If the answer to the above two questions is "yes" , then the gift deeds are final and irrevocable.
Good luck,
Kishor Mehta
rajesh gandla
(Querist) 04 June 2017
I can see that the value of the property are under mentioned to avoid stamp fee. Kindly Lookinto it and advice.
Kumar Doab
(Expert) 09 June 2017
The stamp duty might have been paid on prevailing circle/revenue rate.
Surrender K Singal
(Expert) 12 June 2017
Registered Gift Deeds could be got cancelled by thre Donor himself that to within limitation period for such cancellation
Kumar Doab
(Expert) 12 June 2017
Gift is without consideration.
If donor has gifted property that he owns he does not need anyone's consent.
B has been a witness (a kind of consenting witness).
Even if B was not witness A could gift property that he owned.
Kumar Doab
(Expert) 14 June 2017
How would you establish/claim that 'value of the property are under mentioned to avoid stamp fee. '
