Chandan Tyagi (Advocate ) 22 November 2024

Gist property issue

Respected seniors,

I got stuck with a gift deed issue. Please help.

A gave ancestral property to his brother B in Feb 2024

now B gave his own share and gifted property received from A to his wife in Sep 2024.

Now A 's only daughter challenged the first gift deed in Nayab Tehisdar's court and got an order of restoration against Feb 2024 order.

My question-

- how to get 50% share be transferred to B 's wife.

- is there any provision of getting the gift deed be corrected and get 50% share be gifted to wife

Thanks

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3 Replies

Dr. J C Vashista (Advocate ) 23 November 2024

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.

Prashant 23 November 2024

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

Chandan Tyagi (Advocate ) 23 November 2024

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.)

Gist property issue

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