Gift deed
hunny singh
(Querist) 07 May 2015
This query is : Resolved
my father gifted me part of his property to me as gift deed,which is registered in court of law, dis property is sole owner of my grandfather and free hold property, this property was owned by him during partion of india pakistan, by his hard earning, this gift deed is made without knowlegde of his other sons and daughter, and rest of the property . he had made registered will, he is mentally fit and active at the age of 95, as all his expensive are incured by me .can anyone can challenge this deed or can u suggest anyother documents required to make my hands safe,
thanking you
hunny singh
(Querist) 07 May 2015
my father is complete owner of this property, sorry its wrongly written '' grandfather''
hunny singh
(Querist) 07 May 2015
i have done mutation in MCD for tht part of propety also,
Kumar Doab
(Expert) 07 May 2015
If the property is self acquired the owner (sole owner as mentioned by you) can give it away to anyone as it pleases to him/her.
Your father must have appeared before the SRO to register the gift deed.
If the gift deed is unconditional,irrevocable and valid then it may not be possible to cancel it.
If MCD has mutated the property in your name on the basis of a valid gift deed then MCD has not committed any error.
Did you show the property documents to an able lawyer before the gift deed was registered?
If you have any apprehensions you may show all the documents and gift deed and mutation to an able lawyer for a second opinion.
hunny singh
(Querist) 07 May 2015
yes my father himself appeared before SRO,
dis deed was written by reputed lawyer, all documents were shown to him, like free hold property papers and others,
no document was fake, all s legalized
hunny singh
(Querist) 07 May 2015
still i want to know can any of my brother and sister can challenge me, in dis
Kumar Doab
(Expert) 07 May 2015
The question should rather be ::if they challenge:::can they succeed!
If all papers are in order (as posted by you) they may not.
Still the seasoned lawyer that has examined all docs on record can advise you the best.
Rajendra K Goyal
(Expert) 08 May 2015
On the basis of given facts, any challenge to the gift has no merits.
ajay sethi
(Expert) 08 May 2015
well advised by Kumar daob
malipeddi jaggarao
(Expert) 08 May 2015
Looking into the given facts as the property is self-acquired property of your grand father, the registered gift deed in your favour by him cannot be challenged by any one.
hunny singh
(Querist) 08 May 2015
thanks all for ur valuable advice sirs,
wht about the 'will' tht he had made it,
weather its also applicable or not, as according to 'will' also, tht portion of property also belongs to me, rest of property is still under his will..can tht will can be chanllenged
T. Kalaiselvan, Advocate
(Expert) 09 May 2015
From your contents, it appears to be a legally valid deed in your favor which cannot be challenged. As far as the other properties, the Will has to come into force only then it can be decided.
