My friend father has gift deeded one property ( 9000 sft of land - cinema hall ) to third person against sum money he was taken from the third party for adjusting the money he gift deeded that property . actually that property belongs to his father, not earned by him and he has two brothers and two sisters. all jointly given power to the person who was given gift deed to third person. he has two daughters one was married another one not married. in this situation whether the un married daughter can approach court for cancelling the gift deed and any stay order is possible . Also the gift deeded person and his wife not alive. gift deed registered in the year of 2008 and he died in 2015.
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1. gift once made is irrevocable
2. it is for the unmarried daughter to prove that the gift deed was executed fraudulently or that certain consideration had passed between the parties and that it was not actually a gift
3. as gift deed was registered in 2008, the claimant will find it difficult to have it cancelled or annulled now after 10 years, being barred by limitation law
till now the property was in same condition while he gift deeded that time, not any construction or any activity not happening in that property , in this situation whether she can approach court , the property value was more than crores now, but that gift deeded person has taken money in lakhs from the third party .
No. Gift deed can be cancelled only on the instance of donor and donee that to by order of court. Third person cannot interfere in that transaction.
once gift deed is executed duly stamped and registered donee becomes absolute owner of property
2) court would not set aside gift deed merely on basis of suit filed by un married daughter
3) it is not ancestral property and daughter has no share during father lifetime in the property
daughter can approach court but it is doubtful whether she would get any reliefs from court
If the GIFT deed was not registered than can approach court or take possession without going to court if property lying idle.
Otherwise no right, Is there any heir left to them ?
1. It is not clear when your grand father died. If he died before 2005 then your aunts have share in the property and the unauthorised sale by your father is not proper.
2. In that situation the sisters can file a suit for setting aside the sale.
3. Now even if the sale is not set aside then also your father is obliged to give share of the sale price to all his siblings.
After the gift deed has been executed it cannot be cancelled unilaterally. However, if the donor and donee are into a positive agreement to cancel the gift deed then it may be cancelled by executing a deed of cancellation.
Since your father and his siblings were the actual owners of the property after inheriting the same from their parents, anyone other than them do not have any right in the said property.
Your father executed a gift deed on his behalf as well as on behalf of his siblings by a registered deed, this canot be challenged by his daughter or sons or anyone
They do not have any rights in the property hence they cannot challenge the same
till now the property was in same condition while he gift deeded that time, not any construction or any activity not happening in that property , in this situation whether she can approach court , the property value was more than crores now, but that gift deeded person has taken money in lakhs from the third party .
Since she has no rights in the property she cannot claim any share in it.
Also the gift deed was executed more than three years ago, she cannot even file a suit seeking cancellation as it is barred by limitation.
Basically she do not have any rights in the property therefore any effort put by her in this regard will be a waste of time, energy and money.
Hi,
I feel you case is time barred because the registration was done in the year 2008. Further, it was self acquired property of father.
