Gift of property
JEETENDRA
(Querist) 31 May 2012
This query is : Resolved
Sir, My grandmother wishes to gift her home on her name to my father. My father has one brother also. Is there any problem between my father and my uncle in future regarding the property of the home. please help me out and let me know the legal procedure regarding this.
Anirudh
(Expert) 31 May 2012
Dear Mr. Jeetendra,
Please think for a while.
If your grand mother wishes to gift her home only to your uncle (i.e. your father's brother), will your father create any problem in future or not?
Whether your uncle knows that his mother will be gifting the house only to your father? Further, whether your grand mother is living with you? How old is she?
Since the GIFT dEED would be a registered one, that will be recognised.
However, If the property is given only to your father, it is quite possible that your uncle can in future allege that she had been influenced, pressured, coerced etc., to make the GIFT to your father alone.
JEETENDRA
(Querist) 31 May 2012
if the deed has been registered from the court on the name of my father from last six month then there is any possibility of influence of my uncle in this matter.After all it has been briefed to my father from the court that if the deed is registered from court then there is no any possibility of any encroachment of uncle. requisite money is also submitted in the court. please advice me sir. thanking u
Shonee Kapoor
(Expert) 02 June 2012
Once the gift deed is registered, it can be challanged only on the grounds of fraud and coercion.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com