Gift Deed
Kamal Pal
(Querist) 09 November 2016
This query is : Resolved
I am younger brother with one elder brother and sister. I contributed more than 70% while constructed the building which was in the name of my father. My father died recently and i bear all the medical expenses also in last one year when he started being unwell. I got to knoe yesterday itself thst my father has transferred the entire building through registered gift deed to my elder brother without my and elder sister knowledge. I am still residing in the same building and rest 3 floors are on rent. Yesterday my brother sent new rent agreements to 3 tenants and then i got to know about this deed. The deed was executed on 17th May 2016 when he was not well and just after 2 days he reached to a stage where we need to admit him to hospital. He discharged after few days but not very stable. He again got unwell and we admitted him to hospital again where he died after 2 days. I have spent 70% in constructing the house and done my part as son. In very mysterious circumstances this deed was executed. Please advise.
Dr J C Vashista
(Expert) 09 November 2016
1. Please check genuineness of the gift deed from concerned Sub-Registrar. If the property gifted was self-acquired by your deceased father. If the gift deed is valid, you have lost the title.
2. Send a legal notice to your brother for recovery of amount spent, for that you have a right and claim over "gifted property".
3. Consult a local prudent lawyer for proper appreciation and guidance.
Kamal Pal
(Querist) 09 November 2016
I dont have any share in the property when my father was not well when this deed was executed....i have medical bills in proof
Guest
(Expert) 09 November 2016
A person should be Mentally Sound while executing a Registered Deed and that is one of the Reasons why Two witnesses should Compulsory sign at the Registrar Office.Your Medical Bills and status of your Father's Medical condition would No way help you Legally.A Smooth talk and humble Request to Other Legal Heir/your Brother to whom the Property was Gifted could Fetch you some Result.
Kumar Doab
(Expert) 09 November 2016
Obtain the copy of the said gift deed and discuss with your very able counsel.
The court alone can revoke the gift deed.
You have posted that you have copy of medical bills.That amount may be shared by all sons and daughters.
You don't seem to have evidence of 70% contribution as you have posted nothing about it.
Try: Amicable settlement.
Or approach your own able counsel and understand the options and merits.
Rajendra K Goyal
(Expert) 09 November 2016
The property was in the name of your father,
he can sell / gift / mortgage / bequeath a will for his property during his life, in favor of any one he like, you can not object.
You can challenge the gift deed, if you wish.
Rajendra K Goyal
(Expert) 09 November 2016
You could have asked your money back from your father.
You can claim your money from the estate if he has left any.
Kamal Pal
(Querist) 09 November 2016
Somwhere i read it is necessary to take possession of the property by donee when donour is alive otherwise this deed stands cancelled......Is it true?
Kamal Pal
(Querist) 09 November 2016
Witness which i got to know are my brothers wife and his friend....can they be taken as witnesses?
Guest
(Expert) 09 November 2016
99% You can not win the Case if filed by you.Even the Witnesses are Strong for your brother.There is no Legal objection for them to stand as witness being Relative or Friend.In many cases Registrar would even Visit the House/Hospital where the Executor is Sick On Special Request.
Kumar Doab
(Expert) 09 November 2016
You have posted that:
"Yesterday my brother sent new rent agreements to 3 tenants and then i got to know about this deed. "
Apparently: Gift by donor is accepted by donee.
Rajendra K Goyal
(Expert) 09 November 2016
Donee should accept the gift.
There seems no irregularity in friends / wife to be witness.
Kumar Doab
(Expert) 09 November 2016
Mr. NJS Rajkumar is right.
In ordinary cases the registration or deposit of documents under this Act shall be made only at the office of the officer authorised to accept the same for registration or deposit: Provided that such officer may on special cause being shown attend at the residence of any person desiring to present a document for registration
31. Registration or acceptance for deposit at private residence
https://indiankanoon.org/doc/1489134/
Kuummaar AS
(Expert) 09 November 2016
Kamal Pal,
YOU HAVE SAID, INTER ALIA,
1. "I contributed more than 70% while constructed the building which was in the name of my father."
2. "i bear all the medical expenses also in last one year when he started being unwell."
3. "I am still residing in the same building"
HOW CAN YOU PROVE 1 AND 2 ABOVE?
AS REGARDS 3 ABOVE, HAVE YOU BEEN ASKED AT ANY TIME TO VACATE?
Kumar Doab
(Expert) 09 November 2016
Yes; Have you been asked to vacate!
Guest
(Expert) 09 November 2016
Yours seems to be purely an academic query.
However, forget the 70% if spent by you on construction of the property, if the gift deed is legally valid.
Rajendra K Goyal
(Expert) 09 November 2016
Agree you have a weak case in your favor.
P. Venu
(Expert) 09 November 2016
Yes, there are no option other than seeking remedy through the due process. Everything depends on questions of fact and how you can prove your version of facts.
Kumar Doab
(Expert) 09 November 2016
Post the facts and your version to prove the facts.
Dr J C Vashista
(Expert) 10 November 2016
Gift deed validly executed by donor and accepted by donee is irrevocable.
Kumar Doab
(Expert) 10 November 2016
The author may respond to the points raised by experts.
Siddharth Dev
(Expert) 10 November 2016
If it is fraud then you may get relief so I advise you kindly meet desirable advocate and consult your matter with him
