• Ancestral property gift deeded to sons

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.
Asked 4 years ago in Property Law
Religion: Hindu

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30 Answers

It can still be challenged.

Siddharth Jain
Advocate, New Delhi
6303 Answers
102 Consultations

5.0 on 5.0

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

Prashant Nayak
Advocate, Mumbai
31914 Answers
179 Consultations

4.1 on 5.0

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. 

Ganesh Kadam
Advocate, Pune
12926 Answers
254 Consultations

4.9 on 5.0

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 

Ajay Sethi
Advocate, Mumbai
94683 Answers
7525 Consultations

5.0 on 5.0

Hi

Sorry you cannot challenge this.

He transferred the property as per his wish.

Thanks 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

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.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

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. 

Devajyoti Barman
Advocate, Kolkata
22815 Answers
488 Consultations

5.0 on 5.0

you can challenge the gift deed and file a suit for partition thereby seeking share.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

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.

 

T Kalaiselvan
Advocate, Vellore
84882 Answers
2189 Consultations

5.0 on 5.0

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.

 

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

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.

Suneel Moudgil
Advocate, Panipat
2381 Answers
6 Consultations

4.8 on 5.0

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

Yusuf Rampurawala
Advocate, Mumbai
7508 Answers
79 Consultations

5.0 on 5.0

Transfer through gift deed is valid. Mental incapacity/undue influence can only be the ground to challenge the gift.

Yogendra Singh Rajawat
Advocate, Jaipur
22623 Answers
31 Consultations

4.4 on 5.0

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.

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

No you cannot challenge the gift deed executed by your grand father as the property was self acquired by your grandfather.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

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.

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

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.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

He gave his self acquired property to his sons. I am sorry but there is nothing you can do about it.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

Is partition deed duly stamped and registered ?

 

Suit to set aside partition deed should have been filed within period of 3 years 

Ajay Sethi
Advocate, Mumbai
94683 Answers
7525 Consultations

5.0 on 5.0

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.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

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 .

Devajyoti Barman
Advocate, Kolkata
22815 Answers
488 Consultations

5.0 on 5.0

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. 

Prashant Nayak
Advocate, Mumbai
31914 Answers
179 Consultations

4.1 on 5.0

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.

Yogendra Singh Rajawat
Advocate, Jaipur
22623 Answers
31 Consultations

4.4 on 5.0

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.

 

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

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.

T Kalaiselvan
Advocate, Vellore
84882 Answers
2189 Consultations

5.0 on 5.0

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?

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

if it is unregistered settlement deed then you can challenge, if it's registered then chances are bleak. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

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.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

This partition deed can be challenged,  try getting the certified copies of the partition suit.

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

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.

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

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