Brother got plot alloted from xxxx society and sale deed is executed. Later he made gift deed to his sister. Katha transfer on sister name is made. Now we are planning to buy a property from sister. Brother is dead and we have a death certificate(where in it is mentioned that his wife is also dead) Is there any problems in buying this? Will it have any problems from brother(donor) children's or Sister childrens?
1. Based on your narration, there shouldn't be any problem with buying this property. The property was the self acquired property of the brother and has gifted it to his sister. It's in order.
2. However, get the property papers evaluated by any Lawyer, before proceeding further.
If the property owner had transferred the property by executing a registered gift deed in favor of his sister, then his sister, the beneficiary becomes absolute owner of the property she acquired through the said gift deed.
Nobody can claim any share out of that property as a right including the children of the deceased donor of the property.
You can check the other details and obtain a proper legal opinion from a local advocate before venturing into the purchase of this property.
Will Donor's childrens have any claims as Donor is dead? Can they challenge Gift deed?
Once the registered title owner had alienated his property by executing a registered gift deed in favor of the beneficiary/donee, neither he nor his successors in interest or his legal heirs after his death have any rights in the property.
Therefore the legal heirs of deceased former owner or the donor of the property cannot challenge the gift deed for any reason.
No problem unless the gifted property was self acquired and not ancestral having other legal heirs in it
No in this case brother's children do not have any rights to claim.
You can purchase property from sister as she is the owner and has rights to transfer property.
Once gift deed is executed duly stamped and registered sister is absolute owner of property
2) sister has clear and marketable title to property
3) consent of donor or donee children is not necessary for sake of property
Suit for setting aside gift deed should be filed within period of 3 years of execution of gift deed
claim if any would be barred by limitation
1. Since the property was the self acquired property of the Brother, no one had any right over the property except him and he had gifted the property to his sister. It was well within the purview of brother's rights. Donor's children can't claim any right after the Donor's death, if the Gift was made by the brother to his sister when he was of sound mind and there was no threat, coercion by anyone at the time of executing the Gift Deed in favour of his sister.
2. Anyone can challenge anything. Even if the Donor's children challenge the Gift Deed, it has to be countered by facts and figures.
Hi, You can purchase the property based on your narration there is no issue.
- Since, brother was the legal owner of the plot , and hence he was having his right to transfer the plot without getting consent of any other family members
- Further, if the brother executed a registered gift deed in the name of his sister , then the sister being the legal owner of the said plot having her right to sell the same to you.
- Hence, no permission or consent is needed from any legal heirs of brother, and you can purchase the property without any tension .
- A gift deed once executed and the property transferred to donee , then it cannot be challenged, specially after the death of executor.
Dear Client,
As per the facts which have been provided, if property has been acquired through registered gift deed, then his sister is the owner of the property and that gift deed cannot be challenged.
Thank You.
