It can still be challenged.
Hi, my grandfather has self-acquired property and he did 95% of land to his younger son and 5% of land to elder son (my father). He did registered gift deed to both his sons. We didn't know this until 13 years. Can you please let me know if I can challenge this legally? I will appreciate all the help.
If it's self acquired it can't be challenged as it's his will to give anyone. But if it's ancestral it can be challenged
Yes, you can challenge this legally in the court. Because as per section 17 of the Indian Registration Act. It's complusory to register every agreement or deed to make it legally.
Suit to set aside gift deed would be barred by limitation
suit should have been filed within period of 3 years of execution of gift deed
See the registered gift deed cannot be challenged it is self acquired property of grand father and he can will or gift or sale as per his wish.
1. A person is legally entitled to transfer his self acquired land to any person he chooses and none or his legal heris have got any say in it.
2. So he gifted most of his property to your uncle out of his own choice and you have no right oppose his such decision.
3. So stop eyeing on these properties and concentrate on building your own career.
Your father can distribute his self acquired proeprty to his sons in the manner and design he may desire and decide.
Neither your sons nor you can challenge his decision.
Nobody has any rights in his property at least not during his lifetime, hence the distribution of his property during his lifetime as per his desire and decision cannot be questioned or challenged even in court of law.
1. Ancestral Property is classified as atleast Four generations Old.
2. IF Grand Father (GF) property was "Self-Acquired" (as you mention it), THEN it CANNOT be classified as "ancestral property".
3. IF property is "Self-Acquired", THEN property owner can legally Sell /Gift/ Lease /Mortgage /Donate /Whatever .... without any legal reference to ANYBODY, which includes his own children.
4. By virtue of the above, Challenging the Gift Deed would not yield any positive results, to the exception of Arm-Twisting the opposite party on to the negotiating table, for mutual settlement.
1. since the property was self-acquired, therefore, the distribution cannot be challenged,
2. there is no chance for a child in receiving a share in the self-acquired property if his father has bequeathed his property to someone else, by means of a will, or a gift deed.
it was his self acquired property and not an ancestral or HUF property
so he could deal with it in any manner he liked
the gift deed cannot be challenged
moreso when they are registered documents
Transfer through gift deed is valid. Mental incapacity/undue influence can only be the ground to challenge the gift.
1. You can challenge the said gift deeds alleging that those were executed by your grandfather under coercion or influence, in case he is deceased.
2. File a partition suit claiming your share (or your father's share if he is still alive) of the entire properties of yoyr deceased grandfather.
3. You can not claim any share of his properties in case your grandfather is still alive.
No you cannot challenge the gift deed executed by your grand father as the property was self acquired by your grandfather.
Firstly, the property gifted was self acquired property of your GF.
The same is Registered, as such, the question of challenging it does not arise.
That apart, after lapse of 13 years it is barred by Limitation, more particularly your father was party to such registration, now he cannot claim ignorance.
1. One is always free to transfer his self acquired or separate property to anyone he desires. He can also light a matchstick and burn it down. There are no fetters on his right to do so.
2. You have no locus to challenge the gift deed except if you can prove that it was executed by him without free consent.
He gave his self acquired property to his sons. I am sorry but there is nothing you can do about it.
Previous Question: Hi, my grandfather has self-acquired property and he did 95% of land to his younger son and 5% of land to elder son (my father). He did registered gift deed to both his sons. We didn't know this until 13 years. Can you please let me know if I can challenge this legally? I will appreciate all the help. Follow up: Hello , We found out that the 3 acres written on younger son is not gift deed. it is just on partition deed. Can you please let me know if we can still challenge it legally? Appreciate the help.
Is partition deed duly stamped and registered ?
Suit to set aside partition deed should have been filed within period of 3 years
See if in his life grandfather has transferred the property through registered deed (gift or partition) no suit against same is maintainable. Even you file any suit you may not get any favorable outcome.
The challenge to the gift deed if registered as well partition deed after the demise of the maker of the deed is a futile attempt bot n terms of time and cost .
If it's self acquired then you can't challenge it on ground of his consent as he can gift it. You can only challenge it on ground of grandfather mental conditions.
Partition deed is invalid. This should have either settlement deed or gift deed and both registered. Partition deed executes between joint owners.
File partition suit.
1. Partition Deed is akin to a family settlement deed. Hence IF the Partition Deed was signed by GF and his Two sons "AND" duly registered with SRO, ONLY THEN it is binding on all the signatories to the Partition Deed and cannot be challenged in court.
What is your concern about it if your grandfather or father is alive.
You do not have any rights in your grandfather's property nor in your father's share in that property during his lifetime.
Suppose your grandfather and your father are reported to have died intestate then you may claim your share of property out of your father's share in the property.
If the partition deed was by a registered deed then your father cannot challenge it.
In fact if the property was partitioned by oral partition and the revenue records were transferred on that basis, then also your father cannot challenge it.
If it is not a gift deed then how can he be holding it. I mean in what capacity? Does Partition deed means that the younger son got 3 acres through partition?
if it is unregistered settlement deed then you can challenge, if it's registered then chances are bleak.
1. Even through a partition deed the property can be divided by the title holder.
2. However, the partition deed requires mandatory registration.
3. The parameters to challenge the partition deed are same as for a gift deed. You have to prove the lack of competence to partition the property.
1. Partition deed is executed between two or more joint owners.
2. Since the property was owned by your grandfather, he should have just registered the gift deed.
3. However, you can still challenge the said partition deed on the same ground as suggested in my earlier post.
4. However, it will be excellent for your legal purpose if you can manage to collect any prescription from a doctor stating that he was suffering from mental problem or was not in perfect mental state due to old age.