• Gift deed

Mylate father-in-law had transferred hisselfacqired property to one-of his four daughters with out the knowledge of the three daughters.wheatherthicanbechallengedinthecourt of law.
Asked 4 years ago in Property Law
Religion: Christian

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14 Answers

Father has every right to give his property as he likes. In your case father can give his to one daughter by ignoring other son or daughter. The transfer may be through sale Deed, gift Deed or will, other son/daughter cannot challenge.

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

This is my response to you:

1. If the Gift Deed was made without the requisite format or not attested with two witnesses then it is not valid;

2. If the Gift Deed was not registered then it is not valid;

3. If there was a Will made after the gift deed then the Will can have more probative value;

4. If there was some element of fraud or misrepresentation then the other daughters can still stake a claim;

5. Ask them to send a legal notice and last option to approach the court;

6. Consult a local lawyer and take steps.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

If there is a valid will.the challange is not maintainable

Though the validity of the will can be disputed. If not registered.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

If it is his self acquired property and he has done gift deed to his daughter and is registered then you cannot challenge the same. He has right to dispose off his property as he wishes. If you want to challenge then you have to prove that the gift deed was executed out of fraud and coercion and file suit for declaration that the gift deed is illegal

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

1) No, it could not be challenged in the court of law.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

No the Same cannot be challenged as he is at liberty to transfer his self acquired property by means of a will to anyone.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

A person can transfer his self acquired property to anyone he pleases and he do not need anyone's permission for such transfer.

So even if you challenge in court you will not get anything. It will be waste of time and money.

Abhilasha Wanmali
Advocate, Nagpur
1022 Answers
1 Consultation

4.8 on 5.0

Hello

A gift is valid only when it is unconditional and the possession has been taken by the donee in the lifetime of the donor. In your case the gift was given but the donee did not know about it and therefore it is not a valid gift.

Regards

Rahul Mishra
Advocate, Lucknow
13759 Answers
65 Consultations

5.0 on 5.0

If gift deed is duly stamped and registered title in property passes on to the daughter

Consent of 3 daughters is not necessary

Other daughters can file suit to set aside gift deed on account of undue influence

Ajay Sethi
Advocate, Mumbai
87938 Answers
6207 Consultations

5.0 on 5.0

No it cannot be challenged

the owner can deal with his property in any manner he deems fit

he does not need permission of his family members or his future legal heirs

Yusuf Rampurawala
Advocate, Mumbai
6882 Answers
79 Consultations

5.0 on 5.0

Dear Sir,

A person can dispose his or her self acquired property in the manner they wish. There is no restraint on it, as per Hindu law. Hence other daughters of your father in law cannot claim share in self acquired property of your father in law. However, if they claims and proves the property was purchased out of family funds generated out of ancestral property then they have right.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

1. IF property was Self-Acquired AND "IF" it was transferred during his life time via a Gift /Release /Sale Deed, THEN the other legal heirs have no jurisdiction to challenge the same.

2. HOWEVER, the above CAN be challenged "IF" it can be proven that the above was done by in a state of mental unfitness .OR. threat /coercion .OR. undue influence.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

It is his self acquired property hence he has full rights to transact with the property in any manner as he may desire or decide.

He is the only authority over his property which cannot be questioned by anyone for whatever the reason.

Any case filed in this regard against him is not maintainable.

T Kalaiselvan
Advocate, Vellore
78097 Answers
1543 Consultations

5.0 on 5.0

1. Since it was his self acquired property he was under no obligation to share with his other three daughters his wish to gift the property absolutely to his one daughter, let alone obtain their consent. There is nothing illegal in what he has done.

2. If the gift deed is registered then title passes instantaneously to the donee from the donor.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

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