• Gift deed

Self acquired property by father
He gifted to me through a gift deed i
 have taken loan on it also my mother also in witness it been three years now wht shall I do now 
If he file a suit for partiorion
Asked 1 month ago in Property Law from Bangalore, Karnataka
Religion: Muslim

Hi, 

After gift deed, the property is vested with you and no suit of partition will be maintainable on it. So, you need not worry. However, you are suggested to maintain cool and respect attitude towards parents because the gift deed may be cancelled as per maintenance of senior citizen act of 2007, if the child fails to maintain parents.

Ganesh Singh
Advocate, Delhi
3274 Answers
9 Consultations

4.5 on 5.0

Once gift deed is executed duly stamped and registered you would be absolute owner of property 

 

2) suit if any by father would be barred by limitation 

Ajay Sethi
Advocate, Mumbai
69042 Answers
4153 Consultations

5.0 on 5.0

Suit would be barred by limitation 

Ajay Sethi
Advocate, Mumbai
69042 Answers
4153 Consultations

5.0 on 5.0

Your brother suit for setting aside gift deed would be barred by limitation 

Ajay Sethi
Advocate, Mumbai
69042 Answers
4153 Consultations

5.0 on 5.0

Your brother has no share in property as father has executed gift deed of his self acquired property 

 

 

Ajay Sethi
Advocate, Mumbai
69042 Answers
4153 Consultations

5.0 on 5.0

1. let him file the suit (partition), just defend the suit,

2. your father can distribute/gift the self-acquired property as per his own wish,

3. the gift deed in your favour is VALID,

 

 

Suneel Moudgil
Advocate, Panipat
1192 Answers
1 Consultation

4.3 on 5.0

Dear Sir,

It being a self acquired property of your father as such he has absolute right to execute gift deed in your favor. Suit may be filed by them for  partition but they have to contend that gift deed was executed by him without going through its contents etc. After long battle their suit will be dismissed. Be Cool.

Kishan Dutt Kalaskar
Advocate, Bangalore
4690 Answers
134 Consultations

5.0 on 5.0

No he can't do anything as of now once the property is transferred to donee by donor.

 

If you wish to cancel this gift deed only possible otherwise not.

Ganesh Kadam
Advocate, Pune
8263 Answers
69 Consultations

4.9 on 5.0

1. Your father was free to gift his self acquired property to you.

2. Your brother can challenge the gift deed only on the ground that his father lacked the legal competence to gift this property or that his consent was not a free consent, which he will have to prove.

3. Let your brother go ahead and file the suit and you can contest it fittingly.

Ashish Davessar
Advocate, Jaipur
26713 Answers
797 Consultations

5.0 on 5.0

See once he had made a gift in your favor in normal.circumstances he cannot cancel same though father if senior citizen may file for cancellation of Gift under Senior citizen welfare and maintenance act.

Shubham Jhajharia
Advocate, Ahmedabad
20900 Answers
81 Consultations

5.0 on 5.0

You have to contest the suit , though partition suit after gift is non maintainable.

Shubham Jhajharia
Advocate, Ahmedabad
20900 Answers
81 Consultations

5.0 on 5.0

Brother has no right over the property in case father made a gift.

Shubham Jhajharia
Advocate, Ahmedabad
20900 Answers
81 Consultations

5.0 on 5.0

No partition suit is maintainable for partition in your case.

Shubham Jhajharia
Advocate, Ahmedabad
20900 Answers
81 Consultations

5.0 on 5.0

The gifted property is now your making you the absolute owner. No one else shall have any right or interest to the property. 

You do not need to be worried about demands of others for the property. 

Kallol Majumdar
Advocate, Kolkata
1864 Answers
2 Consultations

5.0 on 5.0

If it's a self acquired property gifted to you. He can't file suit for partition for the same

Prashant Nayak
Advocate, Mumbai
14521 Answers
24 Consultations

4.6 on 5.0

1. Since the property was self acquired property of your father, your father had impeccable right over the property to take any decision regarding the property as he was the absolute owner and he was within his legal rights to have executed a registered Gift Deed in your favour.

,2. Even if your brother files a case for partition,, it can be countered by the production of Gift Deed in your favour, by your father.

Shashidhar S. Sastry
Advocate, Bangalore
2245 Answers
151 Consultations

5.0 on 5.0

If the property is transfered to you through Gift deed then partition suit will not be maintenable by your siblings on that property. 

He can file suit but you have good defence because the property is transfered to you through Gift deed.

 

Mohit Kapoor
Advocate, Rohtak
4800 Answers
1 Consultation

5.0 on 5.0

once registered gift deed executed then he/she cannot file any partition suit. 

Mohammed Mujeeb
Advocate, Hyderabad
11747 Answers
4 Consultations

4.5 on 5.0

your siblings has no share in said property. 

Mohammed Mujeeb
Advocate, Hyderabad
11747 Answers
4 Consultations

4.5 on 5.0

let's tell your brother to file partition suit. it is not maintainable even in case if he filed you are absolute owner with valid registered gift deed. 

Mohammed Mujeeb
Advocate, Hyderabad
11747 Answers
4 Consultations

4.5 on 5.0

1. Is the gift deed registered?

 

2. If yes, then the property is yours.

 

3. Contest the partition suit fittingly.

Krishna Kishore Ganguly
Advocate, Kolkata
22781 Answers
613 Consultations

5.0 on 5.0

If your father has registered the gift deed in your favour then you are now its absolute owner.

Krishna Kishore Ganguly
Advocate, Kolkata
22781 Answers
613 Consultations

5.0 on 5.0

1. Get the mutation done in connection with the said property.

 

2. Thereafter contest the partition suit if filed by your brother.

Krishna Kishore Ganguly
Advocate, Kolkata
22781 Answers
613 Consultations

5.0 on 5.0

1. Let him file the partition suit.

 

2. Contest he suit fittingly if he files.

Krishna Kishore Ganguly
Advocate, Kolkata
22781 Answers
613 Consultations

5.0 on 5.0

Who will a partition suit?

Your brother?

He cannot seek partition of proeprty from your father for the property fully owned by your father at least not during his lifetime.

Moreover your father has already transferred the property to your name by a registered gift deed, which cannot be challenged by him.

Any suit filed by him shall not be maintainable.

 

T Kalaiselvan
Advocate, Vellore
58875 Answers
746 Consultations

5.0 on 5.0

Since it is your father's self acquired property, your siblings canot challenge your father's act of transferring the property by executing a registered gift deed in your favor.

 

T Kalaiselvan
Advocate, Vellore
58875 Answers
746 Consultations

5.0 on 5.0

the suit to be filed by your brother is not maintainable in the wake of the property being transferred to your name by a registered deed, hence you need not be worried.

 

T Kalaiselvan
Advocate, Vellore
58875 Answers
746 Consultations

5.0 on 5.0

Let him tell anything, you just remain silent, he cannot succeed in any such suit.

 

T Kalaiselvan
Advocate, Vellore
58875 Answers
746 Consultations

5.0 on 5.0

- As per law, If the property is self acquired by the parent, then a son or daughter has no legal claim in it. He is free to bequeath the said property to anyone as per his wish by way of WILL or Gift deed.

- Further , the property , which a son or daughter receives as a Gift from the father, becomes their self acquired property. 

- Since, your father has Gifted the said property in your favour, hence now it become , your self acquired property , and none has right to claim over it. 

- If, your brother/sister will file a case of partition, it will not maintainable before the court, and they will not get any relief from the court as well.

 

Good luck and dont forget to rating Positively.

Mohammed Shahzad
Advocate, Delhi
1071 Answers
19 Consultations

5.0 on 5.0

Dear Sir,

Self-acquired property can be disposed of in any manner. Any right in the self-acquired property arises whenever the person dies intestate.

The property is gifted to you by your father, then you are absolute owner of that property.  No body can claim it. Nothing to worry.

If the property is self acquired by the parents, a son has no legal claim in it. You can bequeath your property to anyone you wish to, by the means of will, or you may gift it to any person by a gift deed

Netravathi Kalaskar
Advocate, Bengaluru
3811 Answers
18 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer