They cannot challenge their right on the self acquire property .. However they have a legal Right on the ancestrol property .. If they challenge in court you have to join the proceedings and fight the case for ur title
Is gift deed legal if donee was not present at the time
My grandfathe gift his part of property to me by registered gift deed .I made mutation of that property in my name.Some of the property is Ancestral property and some of bought by him.At the time of registration I was not present their .I signed as a donee before the date of execution.I am a gov servent at the time of registration I am on duty.My Grandfather have 3 Son.My Grandfather is till alive. 1. Can any one of my uncle or cousin brother challenge tha gift dead after my grand father dead? 2.If they can challenge what can I do?
Asked 6 years ago in Property Law
Religion: Hindu
9 Answers
1)your grand father could not have gifted ancestral property to you by gift deed
2) uncles or brother can challenge the gift deed
3) what is necessary is that gift should be accepted by donee and possession delivered to you
4) you have duly accepted the gift
5) best option is cancel the gift deed . ask grandfather to execute gift deed only for his self acquired property
No part of an ancestral family property can be “gifted'' away and therefore it can be challenged but within 12 years of such knowledge, if they challenge you can put a defense in the court that what has been gifted is his share and other coparcenors rights are not being effected.
Regards
1. Under s. 32 of the registration act, the donor and the donee should be present before the registering officer, along with their respective witnesses, in order to admit the execution of the gift deed.
2. There is a possibility that they may file suit for cancellation of gift deed.
3. This was just a technical error. Besides, your grandfather truly intended to give you this property. You can contest the matter with the assassinate of an able lawyer. Maintain your possession.
I have two questions about this matter- 1. At the time of registration I was not present their .I was out of state at the time of registration.But I accepted the property .And I signed dead as a donee 10 - 20 Days before execution.And after registration I Complited mutation in my name. My cousin can prove that at the time of execution I was out of state.In this besis they can make any challenge? 2.Some of the property is inherited from my grate grandfather to my grandfather.That can be challenge by my uncle ?
Asked 6 years ago
See, a person can challenge everything and anything. Moot question is to what extent will be such challenge valid.
1. Again depends on the grounds on which they will try and challenge it and what all allegations will be leveled against you.
2. If the property happens to be an ancestral property then they can challenge it, however to such challenge I have told you the defense in my last advise.
1) Acceptance of the gift after its execution is a legal requirement and Donee must accept the gift during the lifetime of donor. In case donee fails to accept the gift, it is rendered invalid. The acceptance may be validated by acts such as taking possession of the property.
2) since you have duly accepted the gift deed even if you were not present at time of registration it would not invalidate the gift deed
3) property inherited by grand father from his father can be gifted to you by gift deed
1. Though it can be challenged by them but it is very unlikely that they will succeed merely on the basis of their lone technical ground of your absence at the time of execution..
2. Property which was inherited by your grandfather from his father could have been gifted to you by him only when it was partitioned and his share in the said ancestral property was effectuated. Thus, in case your great grandfather's property was partitioned by metes and bounds amongst your grandfather and his brothers, he was well within his right to gift you his divided share in the property inherited by him.
1. The registered gift deed cannot be challenged by your uncle or his son, especially if you have already accepted the gift and taken possession by mutating the property on your name, no claim is maintainable at any later date.
2. If they are filing any civil suit agaisnt this gift deed, you have to challenge the same as per provisions of law and merits in your side.
1. The gift deed should be accepted and the donee should take possession of the immovable property subsequent to the execution of the registered gift deed in its favor.
You have done it and the proof is that you have mutated the property i your name, hence the gift deed becomes legally valid and cannot be cancelled for any reason at any date later on.
2. Since your grandfather inherited the said properties from his father, it becomes his own property and he acquires marketable title to the property hence the execution of gift deed by your grandfather in your favor of the property he inherited from his father is also considered as his own and absolute property. Therefore the registered gift in your favor is legally valid and cannot be challenged or any challenge is not maintainable in law if you fight the case properly with the help of a skilled and prudent lawyer.