Person X has a self-aquiried property. This person X has 2 sons and a daughter. Person X passed away intestate (his wife also passed away) and the property was tranferred to two sons by 'Gift Settlement Deed' where the daughter had signed as a witness. When she signed, she was ignorant of her rights. 1. Can she approach the court for her share of property as legal heir? 2. How signing the 'Gift Settlement Deed' as witness effect the case? 3. If daughter was already given a few acre of land by Person X when he is alive, can she ask for share from person X in above case? does court disfavour in such case when asking for share in the property of Person X after he passed away intestate?
1. See if there is registered settlement then she now cannot approach the court.
2. That she has knowledge of deed for considering limitation and her intention it can be considered.
3. See even the property was given in life then she can ask after death from the remaining property.
Dear Sir,
Gift deed of self acquired property be challenged Only if you can prove that the donar has gifted the property under pressure of coercion or under unsound mental condition.
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.
1.Yes.
2. Nothing , who gifted the property when the owner is dead and died intestate.
3. If the mutation has been done in the name of the daughter then nothing can be claimed if no then can be but this does not mean that she be deprived of her share in the property after death of the owner.
1) I presume gift deed was executed by X
2) since it is self acquired property X can transfer it by settlement deed
3) daughter would have no share in said property
4) even if she files suit to set aside gift deed she may not succeed
5)merely because father had in his lifetime given some acres of land does not disentitle her from claiming share on demise of father
What is the language of deed ? IS she settle/gifted her share or settlement of full property.
She can get her share through court but depends on language of deed. If it is purely gift deed than no.
IF she has signed just as a witness than her share in the property is still intact.
Yes, she still have claim and court will rule in her favor.
1. In case of settlement deed she doesn't have any right to challenge the deed but she can show that she was minor she was pressurized or something else, after which court can entertain the matter.
2. Signing on settlement deed is just like entering into any other contract and binds you with contract. Good part in settlement deed is if the deed is not registered it is still binding unlike bilateral deeds.
3. Rights which has already been relinquished cannot be obtained back.
It will be good if you connect to an Advocate where one can look into the papers you have and guide you nicely.
-----> I presume gift deed was executed by X After X passed away intestate, his property was transferred to his wife only. Then, the wife did the Gift settlement deed to two sons only (daughter signed as witness). After some time, wife also passed away. Can daughter have share in this property? Signing as witness on Gift Settlement Deed mean giving up her rights?
After X intestate death, his property will inherit by 1/4th each. Mother could have gifted her share only. Daughter have 1/4th share.
Signing as witness on Gift Settlement Deed mean giving up her rights? - NO
On father demise daughter had one fourth share in property
2) she has not executed any relinquishment deed to relinquish her share in property
3) she can file partition suit to claim her one fourth share in property
4) mere signing as witness does not relinquish daughter share in property
If the gift deed has been executed by X then that is valid document if not then invalid. After passing away the X intestate in absence of any will or gift deed property will be distributed equally among all the children whether he is a boy or a daughter.
That is very weak ground go challenge the said gift deed still she can try the same by filing suit for cancellation of the said gift deed
After the death of X without leaving a will, the rights of the property devolved upon the class 1 legal heirs of X, mother, sons and daughter.
The gift deed executed by the mother in favour of her sons giving her the entire property is void as she was not the sole owner of the property, even if you had signed as a witness in the same.
So, so you have equal rights in the property as your brothers and can claim the same by way of filing a suit for cancellation of the gift deed and partition.
After the death of X, the property devolved upon all his class 1 legal heirs, not just his wife.
Daughter has equal share in the property
1. The properties that belonged to X, upon his intestate death shall devolve equally on all his legal heirs, hence there is no question of the sons getting the properties by a gift settlement, the daughter who witnessed the gift settlement cn very well claim her legitimate share in the property as a right.
2. The gift settlement itself is not valid because she is having a rights in the property as a legal heir and she has not relinquished her rights, hence the witness signature may not create any impact on this.
3. The property given by X to his daughter during his lifetime will not be taken into account for not allotting her share in the property of her father who is reported to have died intestate subsequently.
The wife of X has no authority to transfer the entire property to her sons alone as a gift deed, she can transfer only her share in the property to her sons, hence the said transfer is not valid in law.
The daughter can very well claim her share in the property as a right.
See if gift was made by X then as per property went to his wife then the daughters have no claim over the property,
on Demise of X if there is no will,the person who dies without leaving a will is called an ‘intestate In legal terms, the son, daughter, wife are all called Class-I heirs and the property would be shared equally among them.
Dear client
If she has given up her rights in the property by signing the gift deed as witness then she can't claim the property..
But if she proves that the she has signed the deed under some influence and without her will then she can claim the property.
Signing as witnesses means it's not a transferring one's rights to another. It's just confirmation that signatures are correct and she knows the documents signatory person very well.
So she has full rights in the father's property or ancestral property.
