Need your help
Ravinder reddy K
(Querist) 18 December 2010
This query is : Resolved
Hi we have an inherited ancestral joint property, my grand father made a gift deed of certain property to one of his daughters without the consent of his son i.e. my dad.
The property is not Earned by his own.
kindly suggest me the way to approach legally to cancel that gift deed.
Swathi S Bhat
(Expert) 18 December 2010
Sir,
If it is the ancestral property, your grand father is not at all having any right to make a gift deed to his daughter only. Your father and his brothers and sisters and your grand mother are also having the right as a class first heirs. Your father along with his sisters and brothers can file a suit for partition and declaration against the lady on whose favor the gift deed was made. In that partition suit, add one more prayer for declaring that particular gift deed as null and void. For this declaratory relief you have to pay the court fee on market value of the property.
Pritam Saini, Advocate
(Expert) 18 December 2010
well explained. As per my view no court fees will be paid because neither the proposed plaintiff were party in the gift deed nor it was binding on the right of the plaintiff.with reference to apex court 2010 civil court cases
Surrender K Singal
(Expert) 19 December 2010
Bhat / Saini may be sufficient to follow though it would be time consuming as alerted by SKJ !
Ms. Khushnuma Khan
(Expert) 21 December 2010
Instead of court hassle why don't all the family members sit together and work out a family arrangement/settlement amongst themselves carving out the proportionate share to each one, ultimately the other sister in whose favour the gift is made is also entitled to her share. And also you have in your querry mentioned that "gifted certain properties", which might be included or considered in her share or in the event of a larger portion she can compensate the other members. Since its a family issue plz donot take a hasty decision of going to court. If things can be sorted out by Family Arrangements and Settlement then nothing like it. These documents also donot compulsorily require to be stamped. In furtherance of this you can also in the FA/FS authourise some person/s to approach the Court for seeking Letters of Adminsitration to get the property properly distributed as per the FA/FS of the family members.
Cheers
KK
