• Gift deed

My grand father ie mothers father has gifted a property to me ie gift deed.and he died and he is in perfect condition when its been made And registered on my name can my brothers ie my mothers sister sons. Or my mothers sister can or is it possible to claim their share or the whole property belongs to me ???? Does any one have rite to take share of the property
Asked 7 years ago in Property Law
Religion: Hindu

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8 Answers

once gift deed is executed you are absolute owner of the property

2) your cousins will have to file suit to set aside gift deed

3) it has to be proved by them that gift deed was executed by undue influence or coercion

Ajay Sethi
Advocate, Mumbai
95216 Answers
7611 Consultations

5.0 on 5.0

1. A gift deed results in an instantaneous transfer of title to the donee from the donor if it is validly executed. You are the absolute owner of the property.

2. It can be challenged only on the ground of incompetency of the donor or that it was not made with free consent. Your mother or sister can challenge the gift deed in the civil court on any of these two grounds but they will have to lead impeccable evidence to prove it.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1. If the property gifted to you was self acquired proeprty of your grand father then he can give it to anyone he wishes.

2. So in that event the gift deed is very much valid and none of his legal geris can challenge this gift deed.

3. To avoid dispute though don't loose possession over the gifted property.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

Hii, once the property is transfered through gift deed with free consent and will ( without any pressure ) it cannot be revoked or challenged by anyone.. They cannot claim their share in this property

Hemant Chaudhary
Advocate, Gurgaon
4630 Answers
67 Consultations

4.9 on 5.0

Hello,

No if a particular part of the land has been passed to you as a gift then no one has a right to challenge the same, be assured that even if a case is filed and you receive a notice you will have a good case to fight.

Regards

Anilesh Tewari
Advocate, New Delhi
18079 Answers
377 Consultations

5.0 on 5.0

Hi,

The gift deed gives you complete ownership over the property, more so since the deed is registered. However, your cousins can file a suit against you and claim that the gift deed is invalid and was signed under coercion, undue influence, etc. The onus would be on them to prove that the deed is invalid.

Regards,

Keerthiga Sharma

M.Com., CA, LL.B

Keerthiga Sharma
Advocate, Greater Mumbai
44 Answers
2 Consultations

5.0 on 5.0

Hi

Since your grand father has executed a registered gift deed it is a valid gift deed and you will be sole and absolute owner of the property.

No person including your mother, aunt or your cousins can claim ownership.

You should get the property mutated in your name in municipal/ revenue records and also get electricity and water bills in your name to demonstrate that you have accepted the gift made by your grand father and that you have acted on the said gift deed executed by your grand father in your favour.;

Hope this information is useful.

Rajgopalan Sripathi
Advocate, Hyderabad
2173 Answers
394 Consultations

5.0 on 5.0

As per law, if the transfer of property was made by expecting a registered gift deed in yor favor, then yo are the absolute owner of the property with marketable title

No body can challenge the gift deed at this stage and even if anyone challenges the same it may not be maintainable in law or facts.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

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