My mother has made a gift deed in favor of my one sister depriving us of the rightful share though she has earlier made a will and registered it.We wish to challenge this gift deed and we seek legal advise in this matter.Please advise
adv.bharat @ PUNE (Lawyer) 06 October 2016
Sushma what is given in will?
Gift can be challenged on the ground given by you.
Kumar Doab (FIN) 06 October 2016
If mother is the sole owner, she can git be valid and registered gift deed, in her life time.
WILL was to operate after her death, if she had left the property/estate mentioned in WILL, undisposed in her life time.
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SUSHMA 07 October 2016
To shri Kumar Doab
Sir
Thanks.
In the will it is mentioned that my mother has 4 legal heirs and after her death all the four have equal share in it and if any one wishes to retain the house they can by offering the other 3 siblings market share of the said flat.
However taking advantage of my mothers sickness this sister got the flat transferred through gift deed in her name and we learnt of in only now.Hence we are seeking legal advice and recourse in this matter.
sushma
Kumar Doab (FIN) 08 October 2016
If mother is the sole owner, she can gift by valid and registered gift deed, in her life time.
WILL was to operate after her death, if she had left the property/estate mentioned in WILL, undisposed in her life time.
The gift deed shall prevail upon WILL.
If the gift deed was executed under pressure/coercion etc and if it is proved the n court may revoke the gift deed.
Discuss with your own able counsel and show all docs and evidence on record for a considered opinion, options and merits.