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Kailash (engg)     27 August 2012

Property inheritance

 

Hi,
My grandfather gifted a property(self aquired property) to my father on his will. The registration is done(gift deed). Now, my father's brothers are opposing this and have sent a notice. I want to know if their case is valid i.e. do they have any rights to claim that property(based on property inheritance law or something) ??
Or can my grandfather take back the gift ?


Learning

 3 Replies

Adv. Nikhil Seth (legal consultant (9867264707))     27 August 2012

Notice sent by your father brothers are valid . They have equal right as your father   .

 

REVOCATION OF A GIFT:

 Section 126 of the Transfer of Property provides for conditions where a gift can be revoked. the following are  essential ingredients for revocation of gift:

i)       there must be an agreement between the donor and donee that the gift shall be suspended or revoked on the happening of a specified event;

ii)     such event must be one which does not depend upon the will of  the  donor;

iii)    the condition as to the suspend or revocation should be agreed to by the donee at the time of accepting the gift. And,

iv)    there  must exist a ground , except want or failure of consideration, on which a contract may be rescinded. 

v)     the condition should not be illegal, or immoral and should not be repugnant to the estate created under the gift.

vi)   Section 126 is controlled by sec. 10. As such, a clause in the gift deed completely prohibiting alienation is void in view of the provisions contained in sec. 10.

vii) A gift, which was not based on fraud, undue influence or misrepresentation nor was an onerous one, cannot be cancelled unilaterally. Such a gift deed can be cancelled only by resorting to legal remedy in a competent court of law.

 

CONCUSION:

                    Despite the concept of expectation of reciprocity, a gift is known to be free. Any person who is the legal owner of a property can alone make a gift of his property.  Basically, a gift  is the transfer of something without consideration. In other words, it can be said that  a voluntary transfer of a property in consideration of love and affection to person is  known as ''GIFT''. It is thus vividly known that '' the chief characteristic of a gift is that it is a transfer without any consideration.''   

                                                   -x-

Kailash (engg)     27 August 2012

Thank you very much for the reply !

What I understand is, my grandfather and my father must make an agreement to revoke the gift. What if anyone of them deny to make this agreement ? Can it still be revoked ?

Also, there is some work going on on that property. Can they put a stay order on that ?

 

Siddhi (owenr)     28 August 2012

Hi,

I am married woman age 44. I Got married in 1991. I am in maharashtra.

My father got farm land and other properties from my grandfather after his sudden death. My father was the only adopted son of my grand father.

I am not sure of any legal titles of the property but definately its not earned by my father and its passed on from my grandfather and some of it from my great grand father.

I have two brothers and one sister.

My father and brother already started construction on the farm land and also have sold some of it.

I would like to know if I have any rights in this property. If yes then what will be the legal procedure to get my share?

if they have sold some of the property then do I have right to ask for my share in those earnings?

If I am married in 1991 , does that make any difrence to my rights of inharitance property ?

Pls let me know as I am in financial difficulties and this can be my source of income for my family.

 

Thanks.

 


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