my father's property land 300sq yds....gift deed done in my name. my father asked me to pay 1400/- per sq yd....and ipaid the amount to him online...... now due to land rates hike.....my 2 sisters are expecting on that proceedings....i have not yet sold that property.
is there any chance to them to proceed legally on this property?
Asked 3 years ago in Property Law from Vijayawada, Andhra Pradesh
1. If the consideration of the property has been paid to him by you then it does not qualify as a gift in the eyes of law.
2. Your sisters have no share in the property after the execution of gift deed in your favour by your father. You are free to sell the property.
1) once gift deed is executed by your father you are absolute owner of said property
2) you are free to sell the property
3) even if your sisters challenge gift deed they won't succeed
If the property was your father's self acquired property or he has a valid and undisputed title to the property, the execution of a registered gift deed in your favor will be absolute and legally valid. For your information, the gift deed need not be based on consideration especially the way you have calculated hence hiked rate in the present situation has no relevance for the property acquired by you.
Since your father being an absolute owner and has a marketable tittle, he has full rights to dispose the property in anyone's favor and in any manner he desires so. He neither take the consent of his other children for executing this gift deed in your favor nor he is bound to reply them. Your sisters have no rights in the property to claim a share in it or any dispute by them in this regard will be legally maintainable.
if gift deed is made in order to get price of the land @1400 then it a sale deed so in both case ( sale or gift deed ) you are the absolute owner of the land. In sale deed you have paid whole price and in gift deed you are the absolute owner by the gift deed but gift deed should be registered.
your sisters have no right in the property and they can't claim any right in the property.
1. If your father's property was a self-acquired property and he had gifted the property to you after paying the statutory stamp duty and registration charges and your accepting the gift of the property, then the transaction is in order.
2. If the condition of (1) is satisfied, your sisters cannot proceed against you legally.
1) the mistake you made if you were paying your father 1400 per square yard you should have entered into sale deed and not gift deed
2) gift deed is executed out of natural love and affection . sale deed is for consideration .
3) i presume gift deed was duly stamped and registered .
4) gift deed can be challenged if your father was not of sound mind at time of execution of gift deed or it was done under coercion or fraud