• Property share after father's death

My father passed away and we came to know that he has executed a gifd deed to my sister without our knowledge. I would like to know the future course of action .
Asked 1 year ago in Property Law from Bangalore, Karnataka
Religion: Sikh
1) once gift deed is made your sister would be absolute owner of the property 

2) I presume gift deed is stamped and regd 

3) you can move court for setting aside gift deed but you have to prove it was executed by your father under coercion or that your father was not of sound mind at that time 

Ajay Sethi
Advocate, Mumbai
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Iin respect of gold , bond etc all legal heirs would have equal share 

Ajay Sethi
Advocate, Mumbai
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1. The deed of gift is valid if the same is relation to his self acquired property.
2. The gift deed applies only to those property/properties which is/are mentioned therein. All other properties which are not covered in the said deed of gift is liable for division in equal shares among all of you.
Devajyoti Barman
Advocate, Kolkata
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1. In terms of the gift deed executed by your father your sister has become the owner of the property gifted to her. Your father was under no legal obligation to inform anyone in family about the execution of gift deed.

2. The gift deed by your father can be challenged only on the ground that it was not made by him with his free consent.

3. All his other immovable and movable properties have been, in the absence of a will made by him, succeeded to by his heirs i.e his widow and all children.  You require a Succession Certificate, which is issued by the court, to realize his bonds, cash, debentures, mutual funds and shares.
Ashish Davessar
Advocate, Jaipur
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507 Consultations
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My father passed away and we came to know that he has executed a gifd deed to my sister without our knowledge. I would like to know the future course of action .

If the property gifted by your father in favor of your sister was his self acquired property and the said gift deed was duly registered by paying the due stamp duty, it is a valid document which cannot be challenged.  If you intend to do  any legal action on this, it would be a futile exercise as the same may not be tenable by law or maintainable. 



Please let us know what happens to the balance in his account and also about the other items such as Gold , bonds lic etc.

If there was no arrangement made to dispose the above movable properties, then it will devolve on all the legal heirs equally. 



It was also known that he had requested to meet us minutes before his death but we were not informed at all.
No comments.
T Kalaiselvan
Advocate, Vellore
17315 Answers
165 Consultations
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1. If the property were to be your father's self-acquired property and had gifted this property to your sister by executing a gift deed in the Sub-Registrar's Office, then it is in order.  However the execution of gift deed can be challenged in a court if  the execution of gift deed was due to fraud, coercion, threat, etc.
2. Regarding the balance in your father's bank account, he would have nominated a person/persons and nominee is only a custodian of the proceeds on behalf of other legal heirs.
3. Regarding other items such as Gold, Bonds, etc.,Whether your father had executed a 'WILL'?.  If he had executed 'WILL', then the share/s would devolve to the beneficiaries as per the contents of the 'WILL' and in the absence of 'WILL' i.e., if he has died intestate, then the share would devolve equally to all the legal heirs, i.e., your mother, you and your siblings.  A succession certificate can be obtained by all the legal heirs from the court.
4. It is really unfortunate to know that your father was not allowed to meet his own family members minutes before his death.
Shashidhar S. Sastry
Advocate, Bangalore
1295 Answers
71 Consultations
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A. Once gift deed was executed by following registration process that cannot be cancelled and revoked unless decree of the court by establishing that the Gift deed was executed by misrepresentation, fraud and coercion. 

B. In case, if the property was ancestral, then only you can challenge the gift deed before the court of law.

C. In the case of movable properties like gold and bank balance that you need to get succession certificate from the Court subject to non execution of Will from your father. Thereafter, all the class I legal heirs will have equal share over the property. 
B.T. Ravi
Advocate, Bangalore
751 Answers
35 Consultations
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