• Can a gift deed be challenged by daughter and wife

Hi,

I have a query regarding the gift deed challenge.
I have two friends only two daughters of parents. Mother is mentally ill and father also don't have much knowledge about to donate land. He had 6 bigha land. Both daughters are married. My friends cousin brother has framed her father and get transferred 3 bigha land as a gift deed and get registered legally. Neither daughters were aware nor wife about that deed. Can anyone help me out. Is there any legal way so that deed can be challenged and revoked by filing case by daughters and wife.
Because this is unfair in today's world that both daughters are facing this problem because her father has some soft corner for his brothers son. And not for his wife and daughters
Asked 7 years ago in Property Law
Religion: Hindu

13 answers received in 1 day.

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13 Answers

Yes you can challenge the same by filing a civil suit for cancellation of the same

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

1)If properties are ancestral then daughter can challenge. 

2) if properties are self acquired by father then daughter don't have rights to challlenge. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

1) Father can challenged this gift deed and no other than him.

 

2) Father can file case against his nephew under undue influence and coercion , fraud act.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

See gift deed can be only challanged if it is established before the court that deed was done by force coercion cheating or fraud even if it is unfair and the father has.gifted on his on wish then the case cannot succeed.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

File suit to set asdide gift deed on grounds of undue influence 

 

2) seek injunction restraining nephew from selling the property 

Ajay Sethi
Advocate, Mumbai
99776 Answers
8145 Consultations

You cannot challenge the gift deed in case of a self acquired property of your father, during his lifetime if the gift deed was executed by your father with this free will and not under any kind of duress, coercion misrepresentation or fraud.

Said gift deed can be only challenge by you after his demise.

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

1. If this land was their father's self acquired property then he can give this to anyone he chooses and his own legal heirs have no say in it.

2. Now if their father was defrauded or coerced to make this gift deed then a suit from declaring this deed as null and void can be filed. Since their is alive and he can surely testify in support of their daughter. But if this not true and he willingly gifted this land to his nephews then nothing can be done.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

If the land in this question is of ancestral nature then definitely the gift deed can be challenged and get it nullified by a civil suit but in case the property is self earned property then the father will have all the right to transfer the property to any person of his choice depending upon if he is of sound mind and in case he is not at the sound mind and going through the treatment Insanity then this transfer can also be challenged

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

If this property belonged the father and he has clear and marketable title to the property then the transfer of property by executing a registered gift deed is very much valid in law and cannot be challenged .  Sympathy and sentimental values do not have place in law when the legal position is clear and valid as per law.

The father's decision or authority over his own property cannot be questioned or challenged by anyone

 

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

The land was gifted to the cousin brother by the girls father. The gift deed can be challenged but only if the father too challenges it. The girls cannot challenge the gift alone because as per the law the father can gift the land to any one.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

1. Since the donor i.e father is still alive he has to challenge the gift deed in the civil court on the ground that it has been executed by him under coercion. 

2. The cause of action to challenge the gift deed is only with the donor as he is alive. 

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

Dear Sir,

Yes, they can challenged the gift deed made by father in favor of brothers son. File a suit of declaration in Civil court for revocation of gift deed.

The following information may kindly be read:

The gift deed can certainly be questioned in the court of law by filling a suit for such declaration. However, it will be challenged only if you are able to establish that the execution of the deed was not as per the wish of the donor or was executed under misrepresentation, fraud etc.

A "Declaration" is legal pronouncement by a court of law in respect of a person's right to property or his status.
Any person entitled to any legal character, or to any right to a property may institute a suit against any other person denying or interested to deny, his title to such character or right, and the court may in its discretion make therein a declaration that he is so entitled, and the plaintiff need not in such a suit ask for any further relief.

The Suit for declaration is to declare a right of the party/plaintiff and when the right is pertaining to property, the suit is for declaration title/ownership and also for recovery of possession.

Section 126 of the Transfer of Property provides for conditions where a gift can be revoked. the following are essential ingredients for revocation of gift:

  • there must be an agreement between the donor and donee that the gift shall be suspended or revoked on the happening of a specified event;
  • such event must be one which does not depend upon the will of the donor;
  • the condition as to the suspend or revocation should be agreed to by the donee at the time of accepting the gift. And,
  • there must exist a ground , except want or failure of consideration, on which a contract may be rescinded.
  • the condition should not be illegal, or immoral and should not be repugnant to the estate created under the gift.
  • Section 126 is controlled by sec. 10. As such, a clause in the gift deed completely prohibiting alienation is void in view of the provisions contained in sec. 10.
  • A gift, which was not based on fraud, undue influence or misrepresentation nor was an onerous one, cannot be canceled unilaterally. Such a gift deed can be cancelled only by resorting to legal remedy in a competent court of law.

 

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

What is the age of father when gift deed executed ?

 

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

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