Gift deed within a family (between brothers)
Abhi
(Querist) 25 June 2015
This query is : Resolved
X (Father) has 4 sons A,B,C,D (older to younger brother in order)
X stayed with B and D in Mumbai in a rented room and were working in Mumbai for many years. A and C stayed back in village in ancestral property and worked there. The plot owner of Mumbai decided to sell the property to a builder to construct a building and hence X was allotted 1BHK flat in the building as part of agreement. During this period,X was not in pink of his health and hence he made a power of attorney that new flat should be in name of B and D and X went back to village to stay with A and C. He died after couple of years. Its been 30 years now, B and C still live in Mumbai and C is staying alone in village (A died 10 years back). Property in Mumbai is in the name of B and D respectively.
Recently, since B who is a bachelor throughout his life, made a gift deed in favor of D, executed and registered with Registrar office, Mumbai. D is still doing his moral responsibility of looking after his brother both financially and medically.
Question:
1. C is in village but can he challenge the gift deed on ground that B is not medically fit and not in sound mental condition to perform gift deed (B is 72+ years, weak but mentally sound)?
2. Is there any period that after that no claim can be made on gift deed. I mean, gift deed cannot be challenged by any one.
3. What if B has left a will and named C and D as a heir to his share of property? What happens to gift deed. What supersedes what? Gift Deed or Will?
P. Venu
(Expert) 27 June 2015
The facts furnished are inconsistent. How is that the property in Mumbai is is in the name of B and D, if X had given only a power of attorney in their name?
Rajendra K Goyal
(Expert) 05 July 2015
Power of attorney does not make one as owner.
Consult local lawyer and show him all the documents.
