Gift deed
Anuj Pandey
(Querist) 10 March 2013
This query is : Resolved
If any land has been gifted by mother to her one daughter under what circumstances it can be declared as "null and void". Which court has the power to do so and is there any ruling for it.
ajay sethi
(Expert) 10 March 2013
if gift deed has been executed by mother due to undue influnece or corecion then gift deed can be challenged .
prabhakar singh
(Expert) 10 March 2013
Is donor(mother) alive?If yes,then what her age is?
If no who are her other heirs?And what was her age on date of gift?
Is the gift conditional or unconditional?
On what date the gift was executed and registered?
you may back.
Advocate M.Bhadra
(Expert) 10 March 2013
Sec.126 of Transfer of Property Act:---- When gift may be suspended or revoked.- The donor and donee may agree that on the happening of any specified event which does not depend on the will of the donor a gift shall be suspended or revoked; but a gift which the parties agree shall be revocable wholly or in part, at the mere will of the donor, is void wholly or in part, as the case may be.
A gift may also be revoked in any of the cases (save want or failure of consideration) in which, if it were a contract, it might be rescinded.
Save as aforesaid, a gift cannot be revoked.
Anuj Pandey
(Querist) 10 March 2013
Gift deed was executed in 1985 and mother died in 1989. It was unconditional gift. She had two daughters and other daughter filed a suit in 1992. There was no influence or corecion. Her age was around 80 when gift deed was executed and registered.
prabhakar singh
(Expert) 10 March 2013
The defendant (Donee) in whose favor gift is has a far better case than the claimant plaintiff unless the attesting witnesses are won over by plaintiff daughter.
Anuj Pandey
(Querist) 10 March 2013
Also it was an ancestral property. Only mother and two daughters were left. If the other daughter heirs sale this "gifted land" can they be tried under criminal court under section 419, 420, 120 B etc
prabhakar singh
(Expert) 10 March 2013
"Also it was an ancestral property."
THEN WHO WAS THE FIRST OWNER?
FROM WHOM AND HOW IT CAME IN HANDS OF THE DONOR (MOTHER)??
Anuj Pandey
(Querist) 10 March 2013
First owner was her( Mother's) husband who died long back in 1964. Then it came in hands of mother.
The gift deed can not be challenged still case is going on petition since 1992. The other daughter son has sold part of this gifted land claiming it to be his property ( as her mother would also be a co-sharer)
prabhakar singh
(Expert) 10 March 2013
Then only 1/3 rd belonged to mother and gift
would be deemed for 1/3rd only.
The 1/3 rd was inherited by 1st daughter and the other 1/3 rd was inherited by 2nd daughter.
so daughter with gift from mother at best has 2/3 rd.
Hence at least 1/3rd can be sold by daughter who has brought the suit of cancellation.
There would be no offence if she sales even 1/2 as it would be buyer's risk.
No criminal liability at all.
Anuj Pandey
(Querist) 10 March 2013
Thanks sir. It means that gift deed has no value and even it will be divided taking care of 1/3rd share of other daughter.
my second question is - What is the right of second wife in ancestral property. How ancestral land will be divided among her and first wife? Say if partition took place in 1980's also has this changed now? This is for hindu family.
Anirudh
(Expert) 10 March 2013
Dear Mr. Anuj,
Do you mean to say that you have not engaged any lawyer to handle the case?
Anuj Pandey
(Querist) 10 March 2013
Mr. Anirudh: Already legal case is going on since last 20 years and both the lawyers (opposite parties)must be right due to which this case is dragging. I want to take third opinion.
I was of opinion that gift deed once executed can not be reversed even by SC. But I am not sure about equal rights after gift deed is executed.
say if one daughter does not take care of parents and still she has right.
prabhakar singh
(Expert) 10 March 2013
Mr. Anuj!
It appears you are revealing facts to surprise us but in it's ultimate result only you would get surprised.
Any body can transfer only what one owns.How a mother can transfer whole of the house by gift in which her legal share is only 1/3rd.That is why i have answered that even if the suit of cancellation by daughter plaintiff gets dismissed gift would be valid only for 1/3 rd as she inherited only this much from her husband.
So the result is two fold:
(a)If suit of cancellation gets decreed both of the daughter own 1/2 each;and
(b) In case it fails, the daughter in favor whom gift from mother is shall get 2/3 against her plaintiff sister.
AT THIS JUNCTURE YOU AGAIN COME WITH A BIG SURPRISING SALT WHICH SUGGESTS THAT MAN FROM WHOSE THESE PROPERTIES HAVE DEVOLVED HAD TWO WIVES,IS IT SO?CAN NOT YOU TELL ALL TRUTH IN ONE GO FOR OUR CONSIDERATION ??
ANY WAY TELL IF THE FATHER OF THESE TWO DAUGHTERS HAD TWO WIVES?
IF YES THEN IN WHICH YEAR OR DATE SECOND MARRIAGE TOOK PLACE?
ALSO CLEARLY TELL THESE DAUGHTERS WERE BORN FROM FIRST WIFE OR SECOND WIFE?
ALSO TELL WHO HAS MADE THE GIFT,FIRST WIFE OR SECOND WIFE?
I HAVE FOUND YOU OPEN A FRESH THREAD WHICH I REQUEST YOU TO CLOSE.
Raj Kumar Makkad
(Expert) 10 March 2013
You are required to post entire relevant facts leading to your case clearly at one go and thereafter should seek reply accordingly and you are further advised not to put every time new facts after getting the reply to the earlier query.
Devajyoti Barman
(Expert) 10 March 2013
On the basis of half baked facts, it is difficult to advise. I otherwise second the opinion of other experts here.
Anuj Pandey
(Querist) 17 March 2013
Hi, Sorry for replying late as I was travelling. I would give more detail so that suggestion can be given.
This is for Hindu Family in Bihar.
Husband- A . He has X land registered in his name
First Wife- B. She has Y land registered in her name. There are two daughters from first wife c and d.
Second wife- E. She has Z land registered in her name. There is one daughter from second wife F.
Second marriage happened in late 1950's and husband died in 1964 without any will.
My questions are as follows:
1. after husbands death how the total land (X+Y+Z) will be divided among two wives. Say if partition between them took place around 1980. Is there any change in this now.
2. After partition between two wives. First wife sold some land during her life time (From whatever share she got) and gift deed some to her one daughter (with whom she was living). Some land is still left which was not gifted.
The daughter who did not get land filed a civil suit which is going on for last 20 years.
Gift deed was done in 1985 and mother died in 1989. The case was filed in 1989.
I want to know how the remaining land will be divided among two sisters.
Anuj Pandey
(Querist) 17 March 2013
Hi, Please consider X as ancestral land and Y and Z as self acquired land by husband.
R.K Nanda
(Expert) 17 March 2013
contact local lawyer.
Anuj Pandey
(Querist) 27 March 2013
Hi, The reason for coming here is to get an independent view. Already civil case is going on for 20 years. I understand Hindu succession act will apply in this case.
In case you dont want to get into details of this case at least these question can be answered (as per hindu succession act).
1. How an ancestral land will be divided among husband, his first wife, two daughters from first wife and one daughter from second wife? Will this change if husband is alive or after his death ?
2. In case of acquired land by husband in name of first wife how it will be divided among all.
3. In case of acquired land by husband in name of second wife how it will be divided among all.
4. Ive also heard that according to recent judgement now second wife is also entitled to equal rights of property. Is this true and applicable from which year.
Regards,
Anuj Pandey
(Querist) 30 March 2013
Mr. Prabhakar,
Can you give some advice on this. Regards,
prabhakar singh
(Expert) 30 March 2013
1a.if the property is ancestral and the two marriages are before the enforcement of the Hindu Marriage Act,then in the life time of the husband there would be treated all in all 04coparceners(husband+03daughters)having
equal shares with right to partition.
1b.In case husband is dead his 1/4 would devolve upon his 03 daughters as well jointly on wives so that 1/16 out of husband's 1/4 would go to each daughter and
two widows shall get 1/32 each.
2.It attracts benami law.Thus it would deemed to belong wife in whom name it is and on her death the same shall devolve upon her daughter(s),not upon daughter(s) of the next wife.But if suppose benami is ignored and acquisition by husband is proved,then in husband life time it would be his alone and in case he dies intestate 03 daughters would get 1/4 each and two wives would get 1/8 each.
3.Understand it accordingly as stated above.
4.Do not believe every thing you listen about law from every body.If the second marriage has taken place after enforcement
of Hindu Marriage Act,it would be treated void,2nd wife would not get any right,only issues from second wife,though illegitimate,would inherit in their father's self acquired properties but can not inherit any share as coparcener in any ancestral property.
Anuj Pandey
(Querist) 30 March 2013
Dear Mr. Prabhakar,
Thanks for this information.
Regards,
