We are family of five members i.e. father, mother two elder sisters and mysel(the only son). we all are married. My father expired last year 21st may 2017and left a registered will in favour of my mother as absolute owner. i m the paitent of epilepsy since 1997, suffered with chest effusion in 2007, now under treatment of sleep apnea. As my mother is with me and by her own sound mind and consent gifted the property by registered gift deed in favour of me and mutation has been done in favour of me, also electriity, water, connectin are in my name gas connection one is in my name another is transfered inmy mother's name. My eleder sister(just one year elder) and her husband are greedy they are giving indirect indications that till mother is alive all things are in mothers name and Now the question are 1). Can this gift deed be challenged by my sisters. 2) if so than what is the safer way for future? 3) how can i transfer this property in my wife's name.3) what is the best solution to avoid or not any options left to get the challenge from the sister or sisters. thanks and regards
Yoursisters can file suit to set aside gift deed executed by your mother
2) the plea raised would be gift deed was executed under coercion or undue influence
3) if they file suit to set aside gift deed your mother can in reply take the defence that gift deed was executed out of her own free will , without any coercion or undue influence
4) no need to transfer property in name of your wife
Sir the gift deed here is valid and cannot be challange as the mother got property through will and she was sole owner. Further the transfer by registered gift deed is valid, no suit against it is maintainable.
Further at this point of time the sister can only challange gift deed if they challange will based on nature of property if property is father's self acquired no suit from sisters maintainable if ancestral they can challange the will itslef.
Dear Client,
Once a thing is gifted, it can not be taken back. As per law, a gift deed can not be challenged if made properly.
As your mother is of sound mind and had gifted the self acquired property of your father to you way of a registered gift deed, therefore you don't need to worry about your sister filing any suit against you.
You sister can definitely file a suit challenging the validity of the gift deed and to set it aside but since it has been registered unsigned in front of two witnesses, therefore her suit would not be maintainable. If the property is ancestral then the gift deed is liable to be set aside.
Transferring the property to your wife's name is also not required as that can also pose problems to you in future.
Regards.
Firslty, Sir, everything depends upon the nature of the property.
Secondly, if this the anscestral property then the will as well as the gift deed are not legal as your sisters would also have equal shares in it.
Thirdly, but if the same property is the self acquired property do your father then the will is also valid as well as the gift deed in you favour.
Fourhtly, they can’t get anything form out of it if it is the self one.
Don’t transfer the property in your wife’s name till your mother is alive. Gift deeds are very tuff to be challenged because they are given out of love and affection. Their are certain judgments in the same, one can revoke that deed but challenging your by third person(your elder sister) can be done on grounds that it wasn’t out of love and affection and was under undue influence and force. This is the only ground available to challenge your deed. You should file a case for declaration in the civil court under your name and make your mother and both sisters defendant and on the very first date when your mother appears plz ask the court to record her statement and then withdraw the case with liberty to restore the case if your sister objects further st some point of time. If you transfer the property in your wifes name then it will be a adverse thing for you. You can leave a will for the same in favour of your wife. You should take steps now as your mother is alive and will not complicate things for you in future
1). Can this gift deed be challenged by my sisters.
Answer: If the Gift Deed is not registered then it is not valid. Even if it was registered it can be challenged by your sisters but it will lack merit;
2) if so than what is the safer way for future?
Answer: Make a Will and register it. So that after your mother's demise you become the whole and sole owner. Otherwise execute a Gift Deed, but pay the nominal stamp duty and register it;
3) how can i transfer this property in my wife's name
Answer: Your mother can transfer the property in your wife's name. But since it is not blood relation the stamp duty will be huge sum. So it is better to transfer it to your name first;
4) what is the best solution to avoid or not any options left to get the challenge from the sister or sisters
Answer: You can get their NOC. If they refuse then send them a legal notice. If they still try to claim then you will have to approach court and get an injunction order against them.
1. Well, if it is proved that at the time of execution and registration of gift your mother was not mentally sound that the court can set aside gift deed.
2. So let them file the suit and if they file suit you will have to defend it in court.
3. There is no preemptive action to avoid litigation. If they do then defend the suit. Otherwise you can make compromise with them by giving their money.
Once a property has been gifted to the donee, the donor cannot subsequently revoke or cancel the gift. A unilateral cancellation of a valid gift is invalid. However, certain grounds for revocation of a gift are permitted in law. A gift may be suspended or revoked on specified grounds.
1) Your sisters can't do anything as your mother is absolute owner and now the property has been gifted to you. So the property belongs to you, unless n until you deny to take property of gift it won't be cancelled.
2) you can keep on your name or get the gift registered as soon as possible and get all documents mutation.
1. Your mother was the absolute owner of the property in terms of the bequest made by your father. So she was at liberty to gift it to anybody she desired.
2. A gift deed just like any other instrument of transfer of property can be challenged but one who challenges the gift deed has to prove that the gift deed was executed by the donor under coercion, undue influence or fraud. The onus to prove that the consent of the donor was not a free consent will be on the plaintiff i.e who challenges it.
3. The title has transferred to you in terms of the gift deed.
Generally if the mother is alive then the gift deed may not be challenged but Yes the Gift deed can be challenged by your sisters on the ground that the deed has been executed by putting pressure on your mother i.e. under coercion or undue influence.
are your sisters aware about the gift deed in your favour? and also if the property which was transferred in the name of your mother was a self acquired property of your father then the sisters cannot make any claim over it as the mother has out of her own free will (assuming) has gifted the property for your life security
1).My respected father retired in January 2001 from govt. of india and purchased by his hard earned money the property of 85 sq. yard 2nd floor flat in raw position, (which is got furnished done by my efforts and money with all furniture and fixtures) after retirement in april 2001 and got registered sale deed in his name. 2). My father also applied LIG plot by DDA in 1981. Before his death he wanted to transfer it in my name but cud not as of sudden illness. After father's death Mother got mutation of DDA's plot after our mutal consent of sisters and myself, but middle sister asked for 1lac rupees against signing of DDA'S paper and we paid by cheque 3) My respected father expired in may 2017. after almost 1 month of his demise. one of my middle sister came and created nuisence with mother on some issues, after this mother consulted known to advocate and told all the story. than she decided to gift this property in favour of me by her full consent and sound mind, in love and affection .she done the proper gift deed registered with 2 withnessesin july 2017. after that she made a will mentioning this gift deedand DDA TRANSFER in my name and other bank accounts details in favour of me. and gold ornaments melted and converted into 2 nos of bangles which equally goes to sisters after her (Mother) demise. once v visited the same sister house to give karvachauth and birthdays kanzaks , and there her husband came when v call him and sit he announced that he has no relation with the mother of mine as well as me and my wife (complete remaining family). My mother asked twice that is it so, that u have no relations with her, he confirmed. Also announced that his relation was upto the father of mine was alive now there is no relation left. mother got up and by crying moved out from there house. after this v have not visited there house. 4). In 2009 he done registered Will in favour of my mother making her absolute owner. also mentioning siisters have no rights
You do not need to worry has the property has been legally transferred in your name by your mother who was the sole owner after your father's demise as per registered will.
Their suit would not be maintainable, if they challenge the gift deed.
it was your father self acquired property bequeathed to your mother by will
2) mother is at liberty to transfer property to you by gift deed
questions 1. can this all above, will and gift deed challangeable. 2. can my sisters make any suit on me after my mother demise. 3. my mother is alive, and i take care of her with all my best . can she do more full proof documentation if any required. 4. shall i also make a will. if so, what language is applicable 5. what step shall v follow to avoid any suit from my sisters as one eleder sister is ready for NOC / Requiltion Deed but middle one is not. 6. As of today middle sister comes with her kids or husband who announced the no relations with us after our father's death. and says some irritating words to my mother and us. 7. shall my mother disown the middle sister because of her behaviour. 8. I also the paitent of epilepsy, suffered chest effusion, and using CPAP because of sleep apnea and worried about future. 9. my eldest sister know about this.
suit can be filed to set aside gift deed but chances of success are bleak
2) obtain medical certificate that mother is mentally fit .
3) it would help you in case sister challenges gift deed on grounds that mother was not of sound mind
1.yes
2.yes
3.yes , she can make declaration and notarise it showering praise on your service.
4. For drafting a Will depend on an advocate.
5. Get a notarised declacration from them.
6. Disowning has no legal recognition. If she leaves nothing in their favour that amounts to disowning only.
7. Your disease is of no importance here.
1. Yes. Both can be challenged but since both are registered the chances of success of the other side are meagre.
2. Yes. They can but like I said you would have a good prima facie case in the court.
3. Get a medical certificate from a doctor stating that your mother is of Sound mind and is oriented enough to take decisions for herself.
4. Will can be executed in any recognised language of the state, but English is preferred as Wills in other languages require translated copy in English to be filed in court.
5.You can file a declaration suit in civil court and interim relief against your sister, wherein their statements can be recorded.
6. Your mother can file a suit of injunction against sister restraining her to visit her and not to disturb her in any matter
7.Your mother cannot legally disown her and the laws of our country do not have any provision for emancipation.
8. & 9. These facts can only help you in getting shorter dates in courts, if required and nothing else.
Regards.
1) All your above points are true but your sisters can't do any thing once your mot0her has gifted you property. Please read Gift Definition properly which he had posted earlier. Only Donee (means you) can return it back to your mother, still your mother want back the property on her name but yuo are not wiling to give her she can't do anything.
1. your father can make a Will for his exclusive and absolute ownership properties in favour of anyone he wishes
2. the Will in favour of your mother is valid
3. for properties situates in New Delhi, obtaining Probate of the Will is not compulsory
4. the mother can get her name mutated in the property records on basis of the Will
5. mother can also gift her properties which she got under the Will and for which her name is mutated in property records, to anyone she likes
6. your sister/s may challenge the Will and subsequent gift deed by alleging that the Will is forged or fabricated
7. she can do so by filing a suit against your mom and you
8. so to prove that the Will is the genuine Will signed by your dad, you can file a probate petition in High Court
9. your sister will object to that petition in which even it will be converted into a suit
10. once you prove that the Will was validly executed by your father, the onus will then shift on your sister/s to prove to the contrary
11. the consenting sister can simply make an affidavit wherein she will accept your father's Will. No deed is required
1. As per the registered gift deed, you are the title holder of the said property. Even if your sister file a petition before the Court challenging the said gift deed on the ground that it was registered by your mother under coercion and/or influence, the said petition will not have have any legal leg to stand.
2. The said registered gift deed is enough to establish your title on the said property. However, your mother can lodge a police complaint alleging that she is being mentally harassed by your said sister and her husband for registering the said gift deed in your favour.
3. You can not restrain any body in filing a petition before the Court challenging the said gift deed on any ground however frivolous it might be. What you are required to do is collect evidence to establish that the said gift deed was registered by your mother of her free will without being influemnced in any manner.
1. The gift deed registered in your favour conclusively transferred the property in your favour.
2. Arrange to get the police complaint lodged against your said sister and her husband (if it is possible) as suggested in my earlier post to record that they were already agitating for the said gift deed knowing fully well that it was registered with the free will and consent of your mother.
1. & 2. Anybody can challenge any document/deed provided he has valid and acceptable ground for such challenge. In the instant case there is no legal valid ground to challenge the said gift deed and will.
3. She can lodge a police complaint as suggested in my earlier post to record that your sister and her husband were harassing and torturing your mother for her registering the said gift deed and will which will make the same acceptable in the eyes of law as registered with free will and consent.
4. Your making a will shall not restrain them in filing a case challenging the said gift deed and will. So, your will is optional for you.
5. Lodging a police complaint by your mother as suggested in my earlier post will serve as an additional evidence that your mother had registered the said gift deed and will in her free will for which she was harassed by your said sister and her husband.
6. Record such statements/conversation by audio/video taping which will serve as a good evidence of their agitation for your mother's registering the said gift deed and will.
7. The is no system of disowning but if she so acts,it will be an additional evidence of her unwillingness to part with her properties with your said sister and her husband.
8. Your ailment is irrelevant in the instant case.
9. Get an affidavit executed and notarised by her affirming that the said gift deed and will was registered in her presence by your mother in her free will and consent.
Sir the gift deed is absolute and no suit against it is maintainable.
2) Her suit will be not maintainable as they relinquished right over DDA property and further second one was registered by father you are absolute owner of the property.
3.) She has already made a gift deed in your favour for property further it is registered no more documentation is required for property for other asset she can make a will in your favour.
4. Will can be made and registered in any language applicable in your state get it registered and take help of advocate for drafting,
5. if she was sole owner of the property and further gifted to you further amount was also payed for her NOC. So no suit by her is maintainable.
6. if she create a nuisance a permanent injunction can be taken against her. Further your mother can complaint before Sr. citizen tribunal if she torture her.
7. There is no legal process of disowning your mother can take restraining order against her from court and can transfer property to other two child.
8. Donot worry property right fully stands in your name and no suit against it is maintainable,
1. Will is challengable but if you apply for probate and you get the certificate of probate then it’s unchallengeable. If your will becomes 12 year old then also according to law it’s becomes a unchallengeable document. Gift deed is challengeable as it’s not your mothers self acquired property she has inherited from your father and the other heirs/ co-parceners can challenge the same.
2. Yes my first point will explain you the ongoing question not repeated.
3. Best is to apply for a probate of the will. But according to Hindu succession act your all sisters ,you and mother have equal proportionate share. Read section 14 clause 2 if required read clause 1 also. That will give you a clear picture. Apply for probate of will and you can also approach civil court with a suit of declaration(as adviced above in my first answer).
4. Will can be in English or Hindi. You can anytime write a will.
5. Suit for declaration or probate(or both).
6. That’s a family issue.
7. You need to litigate for future benefits and security.
8. Then she’ll definitely be a help to your matter.
Now the question are 1). Can this gift deed be challenged by my sisters
Upon enforcing the Will in her favor your mother becomes an absolute owner of the property, hence the transfer of proeprty by executing a registered gift deed in your favor is absolutely valid and cannot be challenged or not maintainable in law.
. 2) if so than what is the safer way for future?
Dont worry it is not maintainable in law
3) how can i transfer this property in my wife's name.
You can also transfer the same by executing a registered gift deed in her favor.
3) what is the best solution to avoid or not any options left to get the challenge from the sister or sisters.
Dont do anything on your own until she does any harm to you or approaches court.
4). In 2009 he done registered Will in favour of my mother making her absolute owner. also mentioning siisters have no rights
This registered will is valid and the subsequent transfer of property by execution of a registered gift deed is also very much valid, hence nothing to be worried about it being challenged in the court at a later date, because it is not tenable in law.
1. can this all above, will and gift deed challangeable.
No.
2. can my sisters make any suit on me after my mother demise.
Even if she files any suit, it will not be tenable in law.
3. my mother is alive, and i take care of her with all my best . can she do more full proof documentation if any required.
Secure the evidences for having taken carfe of your mother till her lifetime
4. shall i also make a will. if so, what language is applicable
Consult a local advocate
5. what step shall v follow to avoid any suit from my sisters as one eleder sister is ready for NOC / Requiltion Deed but middle one is not.
Dont do anything until she comes out with some litigation.
6. As of today middle sister comes with her kids or husband who announced the no relations with us after our father's death. and says some irritating words to my mother and us.
If she is creating nuisance you may warn her of legal actions for this
7. shall my mother disown the middle sister because of her behaviour.
Legally the disowing of relationship has no place in law.
8. I also the paitent of epilepsy, suffered chest effusion, and using CPAP because of sleep apnea and worried about future.
no comments
9. my eldest sister know about this.
You can rope in her as witness when it is necessary.