1. Once property is duly transferred in the Revenue /Municipal records in name of Father, THEN on demise of father, only his residual legal heirs  (Wife & Children) are absolutely entitled to father's property.

2. IF Grandmother had already Gifted property to Father, THEN it is illegal to execute another Gift deed for the same property and such illegal gift deed cannot be legally enforced and said Gift Deed is null & void for all legal purposes.  Hence daughter who forcefully took Gift Deed from Grandmother is liable for criminal prosecution.

Once gift deed is executed duly stamped and registered your father was absolute owner of property 

2) on his demise property would devolve on your grand mother , mother , you and your siblings 

3) grand mother could not have executed gift deed in favour of your aunt for entire property 

Dear Querist

You and your mother both are equal rights over the property. the second gift is illegal as your grandmother was not the owner of that property at the time of registration of second Gift Deed to your Aunty. so you will win the case and section 68 of Indian Evidence shall apply in your case to prove that gift deed which is executed by your grandmother in favor of your father.

Feel Free to Call

Second gift deed is invalid. You, your mother and grand mother have 1/3rd share each in property. Grand mother can gift her 1/3rd share only to her daughter.

1. From what you have stated in your query, your father was gifted with the property of your grandmother  by virtue of the gift deed executed by her.

2. After the demise of your father, intestate, you and your mother has become the joint owner of his said property being his legal heirs.

3. Your grandmother  can not register another gift deed now of the said property which she does not own any further.

4. You and your mother shall have to file a declaratory suit praying for a declaration that the second gift deed registered in favour of her daughter in connection with the same property which she has already gifted to your father earlier is invalid.

Hello,

1. A subsequent Gift Deed takes away the validity of an earlier Gift Deed as the Donor during his/her life time is capable of cancelling the existing Gift Deed or adding codicils or cancelling them.
2. Therefore, it must be assumed that the Gift Deed to your father was cancelled when the grandmother subsequently got a Gift Deed registered in your aunt's name.
3. What you can do is to challenge the validity of the Gift Deed made in 2017 as the grandmother was too old and possibly was coerced by your aunt to making the Gift Deed in her favour.

The transfer of property executed by your grandmother by a registered gift deed in favor of her son is very much valid.

As your father took possession of the gifted proeprty and also transferred all the revenue records to his name including the khata, it can be evidently proved that he took possession of the property gifted to him.

Thus the subsequent gift deed executed by your grandmother in favor  of her daughter, especially after the death of yor father, is not valid in law and the suit, if any filed by your paternal aunt in this regard is not maintainable.

Your mother can file a suit to direct the Corporation commissioner to transfer the khata to the names of the legal heirs of your deceased father on the basis of the registered gift deed lying on your deceased father's name to prove that he is the absolute owner of the property with clear and marketable title to him at the time of his death, who is reported to have died intestate.

The cases in court will be delayed inordinately due to various factors especially along with the current pandemic situation, you  cannot do anything about it than  to wait for the courts to return to normal functioning.

1. Well, do not worry as once the gift deed is registered and then katha is recorded then it can not be cancelled or set aside anymore .

2. So the gift deed made in favour of your father is still subsisting the subsequent gift deed made by your grand mother in favour of your aunt is not valid and hence not enforceable under the eye of law.

3. Now to protect your rights do not part with physical possession of the property and if there is physical resistance t enjoy this property then file a suit for declaration and injunction .

Your mother can transfer it to herself being a self acquired property yo her from your father

- Since, your grandfather had built the said house from his owned hard earned money , hence that house was his self acquired property ,and he was having his right to transfer the same to any one , without any hindrance from any one legally. 

- A WILL is not mandatory should be registered , but it should prepared in the presence of two attesting witnesses .

- Hence, if the said WILL is having only signature and two witnesses , then after the death this property become the self acquired property of grandmother. 

- Further , legally your grandmother was also having her right to transfer the said property as per her wish , and hence the gift to your father and daughter was a valid Gift deed , if it was registered as per law. 

- Further once a gift deed registered , it cannot be cancelled legally , specially when the property came into possession of your father, and without a court order a gift cannot be revoked. 

- Hence , further gift in 2017 is having no value in the eye of law. 

- After death of your father in the absence of any WILL  , the said property would be devolved upon his legal heirs , i.e. his wife , son and daughter. 

- Hence, legally your mother is not having right to claim on the entire property , but a release deed from other legal heir like you can give her full ownership of entire property. 

- Since the gift deed executed in 2017 is invalid , hence for cancelling the same , you or your mother can file a suit for declaration before the court to declared the said gift deed as null and void. 

Court will/may order for the share of the property 

A gift deed is irrevocable. Once your grandmother gifted it to your father there is nothing your aunt can do. Her gift deed is void and unenforceable. 

1. The moment a gift deed is executed it results in an instantaneous transfer of title from donor to donee, and thereafter donor ceases to have any right, title or interest in the property. Hence, your grandmother, after the execution of gift deed by her in favour of your father, had no legal competence to execute another gift deed in respect of the same property.

2. Your father should file a suit for declaration of his title to the property gifted to him by his mother and also seek a further declaration to declare the subsequent gift deed in favour of his sister as void and non est.

Since your Grand Mother (GM) gifted the property to your father by duly paying stamp duty and registering it, as such, your Father became absolute owner of the property.

On death of your Father, your mother, you & your siblings will have right in the property.

The Gift executed in favor of your Aunt by your GM is not valid, she cannot execute one more Gift without cancelling the earlier one.

Since you have already filed case you can challenge the veracity of the said second Gift on grounds of Medical Grounds of your GM.

Due to present situation of Pandemic, Lock Down and closure of courts, you need to wait, no choice.

1. Sir the property was gifted by grand mother in 2014 after that she had no right in same so the subsequent gift deed is not valid. You and your mother other legal heirs of your father in absence of any will shall have right over the property.

It all depends upon the Court order. Hoover you may insist for early disposal on the basis of following circular

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Karnataka Case Flow Management Rules

http://www.judicialreforms.in/forums/showthread.php?tid=63

SIMILAR RULES ARE FRAMED BY ALL THE HIGH COURTS
the Karnataka High Court has launched the Case Flow Management system.

The Karnataka (Case Flow Management in Subordinate Courts) Rules 2005, as it is called, was gazetted by the State Government almost two years ago. Subsequently, the High Court framed the rules applicable to all suits and civil proceedings before the subordinate civil courts and tribunals.


It divides cases into four tracks. 

Disposal in 9 months:

In Track 1 the High court has included suits on maintenance, child custody, appointment of guardians and wards, visiting rights, letters of administration, succession certificate, recovery of rent and permanent injunction. All cases under this category will have to be disposed of within nine months.

Disposal in 12 months:

In Track 2, cases on execution, divorce and ejectment will have to be disposed of within 12 months.


Disposal in 24 months:
Cases to be disposed in 24 months relate to partition, declaration, specific performance, possession, mandatory injunction, appeals, damages, easements, trade marks, copy rights, patents and intellectual property rights. 

Disposal in 24 months:

Cases that are not in any of the three categories are included in the fourth category and they too have to be disposed of in 24 months. The presiding officer, however, has the right to dispose of the case earlier. 

The rules prescribe a mandatory time limit for various court procedures such as issue of summons/notices. Proceedings shall indicate a maximum of 30 days for filing statement or objection from the date of service.

The procedures for IAs and interim orders and reference to mediation, conciliation or Lok Adalat, appointment of commissioners for recording of evidence, proceedings for perjury, adjournment and even first appeals have also been spelt out.

http://www.judicialreforms.in/forums/showthread.php?tid=63

Hi, your mother is the absolute owner of the property and further your mother need to file a suit for declaration before the competent court that, declaring that  she is the absolute owner of the property and gift deed made in the year 2017 has not valid one.

2.  Further, your grandmother has no right to gift the property because she has already gifted the property to your father.

once property gift deed executed stamped and duly registered your father is absolute owner , without consent of class1 legal heirs again property cannot transfer. 

if your father died without a Will, then the property will devolve amongst all legal heir i.e Your mother, you and your siblings and your Grand mother. 

your grand mother can gift her share only. 

Your mother and you will have share in property since the ownership had passed to your father from his mother and gift challenging limitations period is over as such your aunty has no right neither your grandmother has right to gift it. Please feel free to contact me in Mysore for further guidance 

1. Your mother and other legal heirs of your father including you can claim rights over the property.

2. The subsequent gift deed executed by your grandmother is not valid because property was already gifted to your father through gift deed.

3. Now as the case is before court and court will declare second gift deed as null and void if you prove that your gift deed was executed by free will of your grandmother and it was not cancelled before execution of second gift deed.