Father is 95 yr old he has a house which is self acquired
A and B are two brothers retired, mother is 92 , B after retirement comes to live with father and takes their full care , father and mother is fully satisfied so father gifts his house after one year through gift deed wnich is duly registered with registrar office to B , in gift deed there are two witnesses but mother is not a witness . After some months A infulences mother to challenge the gift on the ground that B has taken the advantage of old age of father and got this done through cociet or any manner without her knowledge to her detrimment . whether this is sustainable when father signed the gift deed at residence in presence of the Dy Registrar and father had asked the Additional Dist magistrate that registrar may be requested to come to residance due to old age and Dy Registrar is directed by Add Magistrate for same through office order nd ancordingly gift deed is siegned by father at residence in presence of Dy Registrar and of two witnesses.
whether mother can challenge the gift and whether is it sustainable?
Asked in Property Law from Jaipur, Rajasthan
Mother has no legal right over the self-acquired property of the Father.Father can execute any document to any one by way of sale deed or gift.
Registration act also provides some privilege to old age people or persons who by reason of bodily infirmity are unable without risk or serious inconvenience so to attend. They shall not be required to attend at any registration-office or court for the purpose of executing the document.If they paid the fee with application, Registrar will come to the residence and do the proceeding for registration
1) if father is absolute owner of flat he can execute gift deed in respect of his property
2) once gift deed is executed stamped and regd son would be absolute owner of the house
3) mother challenge would not be sustainable as she has no ownership rights on Said house
4) lead evidence of witnesses that father has executed gift deed in their presence of his own will without any coercion
mother cannot challenge the gift deed.
gift deed is an absolute document once it's done, the cancellation by the both parties or else by donor is only possible with the a court order
Is father alive now, if he is not changing his mind and supporting the mother and A, there is no chance.
If the father has also same grievance that he was coerced to sign the deed he ha to prove it in the court.
Signing it in the presence of the Registrar is important , the registrar can come home if the party is not able to travel or paralyzed etc.
1) If the property is self acquired by the father her is at liberty to make a gift deed to anyone of his choice. He doesn't need to get the consent of his wife to do so.
2) As such the Gift Deed was executed appropriately with the Dy Registrar visiting the donor's house following an order by the court. There's no ambiguity about the whole transaction. It won't be advisable for your mother to challenge the Gift Deed as it's not sustainable on law.
If it was self acquired property of the father or inherited by him as his share, he has full rights to dispose the property in any manner he desires and to anyone of his choice.
In this case, assuming it to be his self acquired property, he has called the Dy. Registrar to his home for executing the registration of the gift deed in favor of B and in front of two witnesses. This is a legally valid document and cannot be challenged
The mother cannot challenge the gift deed when she has no rights in the property.
1. During the lifetime of father neither his widow nor his children can challenge the gift deed in the court.
2. B can contest the challenge made by his mother.
Hi sir/madam, if the said property is acquired by your father from his own income it amounts to self acquired property. Your mother has no right over the said property. Registered Gift Deed will not cancel, you are having good case on merit.