• Can gift deed be challenged

Hi All,
Namastey,

My grandmother has made gift deed of property on my name,which she got from court final decree (my grand mother's father died without distributing the property it was his self acquired and my grand mother fought in court for her share after he died), I even mentioned the case OS number on gift deed document and gave final decree copy to register while registration the gift deed on my name stating that my grand mother is absolute owner and she can donate to anyone .now my grand mother daughters making issue stating that the gift deed will become invalid because the property is not self acquired by my grandmother.
I request all to let me know will the gift deed become invalid if they approach court or shall I convert it into sale deed to avoid future problems.

your help means a lot.

Regards,
Mahender
Asked 6 years ago in Property Law
Religion: Hindu

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15 Answers

1) it is not ancestral property 

 

2) property received by mother as her share would be her absolute property 

 

3) daughter would not have any share in the property 

 

4) gift deed would be valid 

 

5) no need to execute sale deed 

Ajay Sethi
Advocate, Mumbai
99776 Answers
8145 Consultations

They can challenge the gift deed but that does not mean that it will hold. If what you say is true then they cannot win.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

1. Property transferred /mutated in name of GrandMother (GM) will be classified as "self-acquired property", for all purposes including income tax purposes.

2. GM is entitled to Gift her property to ANYBODY, without reference to any other legal heirs (whosoever) and such Gift Deed is irrevocable & irrefutable, as far as Court issues are concerned. 

3. In conclusion, GM' relatives are now barred by law, to challenge or claim rights on GM's property. Said Gift Deed is legally final & 100% safe and there is no need for any Sale Deed or any other documents.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

- Since, this property was a self acquired property of your grandmothers father , and further it came to her after court decree, after hence this self acquired property came in the possession of grand mother, and become her self acquired propertyas per law. 

- Further, being the owner of the said self acquired property , she was having her right to gift the same to anybody including you.

- Hence, this property cannot be challenged by daughters of the grandmother legally, and further this Gift deed is final and not invalid. 

- The gift deed cannot be converted into sale deed, after the demise of grandmother. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

No it will not become invalid. You need to prove its authenticity in court

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

See the gift deed is.valid as it is without consideration and the property of Indian women is treated as self acquired and in this case property is self.acquired so suit is non maintainable

 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

If you convert the gift deed into a sale deed it will clearly show that your grandmother had no control while she gifted the property to you and that the gift was not made by her voluntary consent

If the daughters challenge the gift deed by filing a suit then you will have to contest that suit

Converting the gift deed into sale deed serves no purpose

Yusuf Rampurawala
Advocate, Mumbai
7899 Answers
79 Consultations

Hi,

The gift deed and sale deed has similar value in the eye of law. The only difference in case of gift deed is that you don't pay the consideration amount.

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

Since your grandmother acquired the property it becomes her own and absolute property.

Hence the registered gift deed  in your favor is legally valid and cannot be challenged for any reason.

Her daughters' claim in this may not be maintainable in law.

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

 gift deed will become invalid because the property is not self acquired by my grandmother. -POOR EXCUSE, GIFT DEED IS ABSOLUTELY VALID. AND PROPERTY IS SELF ACQUIRED.

Inherited property also considers self acquired.
If they will appraoch court with this plea, case will reject on threshold.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

Dear Sir,

As per Section 17 of the Indian Registration Act, 1908, a gift of an immovable property must be registered. ... Also once a gift deed is registered, it cannot be unilaterally revoked. In case your grandmother wants to revoke the gift deed drawn in your favour he has to go to court and seek the cancellation of the deed.

The said property of your grandmother is her self-acquired property and therefore she has the complete right to give away his property the way she wants by executing a gift deed. As per Section 122 of the Transfer of Property Act, 1882, a gift must be given voluntarily and without consideration where the donee must accept the property. If any of these conditions are not satisfied then the gift will be considered invalid and can be challenged. The legal heirs of your grandmother will have to prove before the Court with adequate evidence that these conditions were not satisfied to challenge the gift. A gift deed can be challenged if it is proved that the gift deed was executed by your grandmother as a result of fraud being practised on her or as a result of misrepresentation of facts or under undue influence or that she has not exercised her free will to execute the said gift deed. Much like the previous point the point can be proved only if your relatives have adequate proof to establish these claims before the Court. 

As per Section 17 of the Indian Registration Act, 1908, a gift of an immovable property must be registered. If the gift deed executed by your grandmother is not registered or is registered without the payment of adequate fee then the relatives can challenge the deed before a Court.  Also once a gift deed is registered, it cannot be unilaterally revoked. In case your grandmother wants to revoke the gift deed drawn in your favour she has to go to court and seek the cancellation of the deed.

In your case it would be suggested that if it is possible you can try and obtain an affidavit from other relatives stating that they have no objection with the said transfer of property.

 

 

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

Hi 

Since the property has been obtained by your grand mother through a court decree, it is her absolute property and she can execute a gift deed to a  person of her choice. 

So technically the gift deed executed by your grand mother in your favour is valid and perfect and  in accordance to section 14 of Hindu succession Act.

Also in accordance to section 14 of Hindu succession act, any property in possession of a hindu woman is her absolute property and that concept of ancestral or self acquired property is NOT APPLICABLE to a property in possession of a Hindu woman.

If your grand mother has executed a registered gift deed, then her daughters(your aunt) claims are totally bound to fail in any court of law. 

Even if your aunt say that the grand mother executed the gift deed under coercion or undue influence by you or was not in good mental health when she executed the gift deed, it is impossible for them to prove such claims. 

So you do not need to worry at all. 

Hope this information is useful

Rajgopalan Sripathi
Advocate, Hyderabad
2173 Answers
394 Consultations

1. Your grandmother was the bonafied title holder of the said property based on the said Court order.

 

2. The said gift deed, if registered in your favour, is perfectly valid.

 

3. Grandmother's daughters threat to you has no legal leg to stand.

 

4. Relax.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

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. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

The gift deed executed by your grandmother cannot be challenged on ground of ancestral property because it will be self acquired property of your grandmother as it was officially transferred on her name through court decree.

no need to worry from their threat of filing case no need to make any change to Property status. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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