• Doubt on gift deed

My Uncle who is a husband for my moms wife has some land but no kids. He has a sister who is married. I'm the one who takes care of mu uncle and aunt n hence they want to give their land to me as a gift deed. Will there be any chance for my uncle's family member or his sister to retake or cancel this gift deed.
could you suggest me best way to get this land registered on my name so that there cannot be any future complications. 
This land is an ancestral property.
Asked 7 years ago in Property Law
Religion: Hindu

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7 Answers

What basis you say land is ancestral . Kindly clarify

2) property which has remained undivided for 4 generations is ancestral property

3) uncle can execute gift deed for his self acquired property

4) gift deed should be duly stamped and registered

5) sister will have to move court to set aside gift deed

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

It is not ancestral property

2) on uncle father demise property would devolve on your uncle and his sister

3) she has 50 per cent share in property

4) sister can move court to set aside gift deed as your uncle was not absolute owner of property

5) sister should execute gift deed or relinquishment deed for her share in property

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

Will there be any chance for my uncle's family member or his sister to retake or cancel this gift deed.

could you suggest me best way to get this land registered on my name so that there cannot be any future complications.

This land is an ancestral property.

If this was your uncle's self acquired or own property then he can straightaway transfer the property in your name by executing a registered gift deed without taking anyone's consent of permission or NOC.

Whereas you say that it is ancestral property without giving any details.

Whether it is his share in the ancestral property.

If yes, then he is the absolute owner and he has full rights in the property and can transfer the property to your name as stated above.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

the land is divided among my uncles fathers but it is undivided between his sister and him

so cant this be an ancestral property now.

This means that she is having an equal right in the property held by him now.

Therefor to avoid litigation or any other problem in the future, he can better talk to his sister, arrange for a mutual partition or any other arrangement by which she shall be compensated in lieu of her share in the property, get a registered relinquishment deed from her and afterwards can execute a registered gift deed in yor favor which will be more perfect legally without having to face any legal hassle in the future in this regard.

so if his sister moves to the curt then what will be my situation and what should I do to over come this situation in future.

Ask your uncle to give her share or give money in lieu so that the problem can be solved now itself instead of postponing this problem for a future date spoling the future peace.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

if gift deed is made in presence of two witness and it is registered before the registrar then property vested in you immediately. no one can interfere in you right. after execution of gift you have right to mutate property in your name.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

your uncle can make gift on his undivided share and such share shall be vested in donee. you have two options 1. to file partition suit on the basis of gift deed 2. remain in joint possession of the property . 1st option is better. sister can file suit for partition only, she cannot attack on your right.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

1. If your uncle got the land as his share consequent on partition of an ancestral property then it is his separate property which he can bequeath or gift in the same manner as his self acquired property. There are no fetters on the right of your uncle to gift his separate property.

2. The gift deed has to be registered.

3. If his sister goes to court then you can fittingly contest the case.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

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