Gist property issue

The gift deed is valid for the share of donor, wherein entire property is self acquired in the share of B.

The challange shall fall flat.

Dr J C Vashista Advocate has given wrong advice.

Question clearly mentions it is ancestral property. Hence A's daughter has rights and rightly challenged the gift done without her consent.

However B is free to gift his 50% share to his wife with consent of his children if any

Thanks Prashant sir for the reply.

How can I proceed ahead with the current gift deed, which clearly mentions 100 % share. But, In actual B is the owner of 50% share only.

The local advocates are saying that there is no option to edit the land area.

The file was entered into the system on 1st Nov, 2024 and my hearing date is 5th Dec, 2024.

 Can I file "Rectification gift deed" in this case 

or

I need to consult the local SDM/ Tehsildar for the same. (Even tehsildar dont have full knowledge on this case.)

The judgement copy is to be perused to render proper opinion.

A's daughter has filed the suit claiming her share from her father's share in the ancestral property and not entire property, therefore, if the judgement is considered to be correct then it will be to the extent of her share alone and would not include her father's share for revocation of the gift deed.

Her father is very much entitled to transfer his share of property to anyone of his choice.

Therefore it is important to know what has been pronounced in the judgement.

If the judgement is not proper or is causing any grievance to the affected party an appeal can be filed against it to elicit and clear all the doubts that are raised here