Prithwiraj Hait 25 August 2017

Gift deed challange

Hi Sir, A residential house property at Kolkata was received by my Grandfather by partition and family settlement in the year 1980. My father and grandfather both died a year ago. My uncle suddenly produced a gift deed for mutation to KMC of 2014 which we were unware of,which says my grandfather gifted the entire property to my uncle. It is our residential house. My father has 2 sister who are still alive and are in my favour. Please suggest my remidial steps.

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7 Replies

SRIRAMA CHANDRA MURTHY (Advocate) 25 August 2017

Verify validity of the gift deed. Because you are saying that your grandfather was already settled the property via partition and family settlement in the year 1980. Now let me know wether the partition is by registered?

Siddharth Srivastava (Advocate) 25 August 2017

Merely because you were not aware of gift is not a valid ground to challenge the validity of gift. You may file declaratory suit in this regard. If required consult with details. Sidharth 9811776422

SRIRAMA CHANDRA MURTHY (Advocate) 25 August 2017

I don't think you need to file a declaration suit. When you are enjoying the possession of the property along with the title and assessment. If required your uncle may file for the declaration only for the purpose of creating some disturbance upon you. You just need to draft a complaint to RDO against your uncle

SRIRAMA CHANDRA MURTHY (Advocate) 25 August 2017

I mean RDO or to KMC

Kishor Mehta (CEO) 26 August 2017

You have not mentioned whether either the partition deed or the gift deed are duly stamped and registered.

Prithwiraj Hait 26 August 2017

Yes the gift deed is registered at Alipore court kolkata. My grandfather was blind and therefore the deed have thumb impression of my grandfather . Can we challange it at court as we feel it was not done with proper concent of grandfather and we are in possession of 50% of the property.

Ramkesh Kaushal (Advocate) 26 August 2017

Yes you can challenge but make sure you must have another proofs of thumb impression of your grandfather and you must keep in your mind how was the relation of your grandfather and your uncle.

Ramkesh Kaushal 8826802789