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Ratan Kumar (Private Service)     06 April 2016

Gifting of property which was not self acquired

My father was the  sole earning member  of the family He purchased a flat and got it registered in my mother's name at the time of purchase. My Mother was a house wife and has never earned any money. Now my mother has passed away. My brother who was staying with my mother all the while has now disclosed that the mother had signed a gift deed in his name due to love and affection. This informaiton was not shared with other brothers and sisters.

Can it be challenged in the court on the ground that mother had no right to transfer the property since she did not purchase from her own earnings but got it via a gift. Thanks.



Learning

 3 Replies

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     06 April 2016

Sir,

 

She has all the right to make gift deed of the same, rather try to challange the same on other grounds like fraud, coercoin and undue influence.

 

Warm Regards
Kapil Chandna Advocate
9899011450


 

saravanan s (legal advisor)     06 April 2016

The limitation time for challenging gift deed is three years.make sure that its not time barred

saravanan s (legal advisor)     06 April 2016

The limitation time for challenging gift deed is three years.make sure that its not time barred

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