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Ricky Singh (None)     19 February 2013

Challenging gift deed

 

Hi

 

My mother gave me her house as a gift (gift deed) but that house was partly paid for by my brother who owed my father money and my father. Now he (my brother) is questioning the gift as he says he paid for it and therefore the the house could not be gifted. My father gave him other properties which were solely paid for by him. I cannot prove that he owed my father money as it was not a written debt.

 

Please advise.



Learning

 8 Replies

Sankaranarayanan (Advocate)     19 February 2013

If the property is in the name of your father then no one have legal right to question about the gift. What you mean by it is partyly paid for your brother.

stanley (Freedom)     19 February 2013

your brother can very well challenge the same on the basis as he has the instruments that he has paid for the said property . Hence each one of you would have to prove your contributions in the property and accordingly claim your share / stake in the same 

R.K Nanda (Advocate)     19 February 2013

ur brother can challenge said gift deed.in court.

Sankaranarayanan (Advocate)     19 February 2013

you mean that house is partly in the name of your brother and father.  If so then as per your father's gift , you have entitled his share of 60% in that house

Ricky Singh (None)     19 February 2013

It was solely in the name of the mother since day 1. She gave it to me. The fact it was paid for by the other two how does that stand?

Sankaranarayanan (Advocate)     19 February 2013

once she given to your father and brother , then she lost her right on the title. 

Ricky Singh (None)     19 February 2013

The property was under my mothers name and has been for 30 years. She gifted it to me.

When it was purchased the majority of money was paid by my father and some 20-40% by my brother who owed money to my father. 

My father never owned the property nor did my brother it always was under my mothers name. She gave it to me.

My father has now passed away and brother is chalenging on the grounds he paid some money. I dont know what he paid but i think it is about 20-40%. 

All I want to know since he paid the money 30 years back and never owned the property in his name can he still chalenge and win against me. I have had the gift deed in my name for 4 years.

Sankaranarayanan (Advocate)     19 February 2013

With support of father she did the gift and it has been registered then u r full legal rigt on it

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