• Immovable property as a gift

Hi sir, my grand father had 5 childern in which 3 are men and 2 are women. my mom is one of them.
she bought my grand fathers house after his death with the permission of all 3 brothers and elder sister. the registration was done as a gift deed. we are living here for about 12 years now and built our own house. now what happend is 3rd brother has a son who hadn't signed on registered documents. now can he put on a case regarding the property share?? he also lives in the same village as we are. he doesn't objected about the property till now. how much probability is their for him to succeed if he put on a case. what is the solution for this??
looking forward for your reply
Asked 2 years ago in Property Law from Guntur, Andhra Pradesh
Religion: Hindu
Since there is no objection for the last 12 years even though the said grand son was aware of the gift to your mother; now he could do nothing to disturb your title in the property.
Even if he files any case for partition to claim his share you take plea of waiver/acquiescence and adverse possession.
Devajyoti Barman
Advocate, Kolkata
13146 Answers
175 Consultations

5.0 on 5.0

Once all the legal heirs have mutually consented to execute a registered gift deed to one among them and the necessary conveyance formalities have been completed legally, the said gift deed is very much valid and irrevocable.  The donee, i.e., your mother becomes the absolute owner of the property gifted to her once she acted upon the gift deed by taking possession and getting all the records transferred on her name.  In such a circumstance, even  the donors themselves do not have a right to revoke the gift deed hence there is no reason for their next generation heirs to claim any right in the property.  This is not an ancestral property  carrying minor interest at the time of execution of gift deed, hence need not worry about it. He is  not entitled to any share or right in the property.
T Kalaiselvan
Advocate, Vellore
36928 Answers
403 Consultations

5.0 on 5.0

1)your uncle son has no claim on said property 

2) his consent is not required as it is not ancestral property 

3) once gift deed is executed duly stamped and registered your mother would be absolute owner of the property 
Ajay Sethi
Advocate, Mumbai
46797 Answers
2769 Consultations

5.0 on 5.0

1. If a gift deed was executed then you cannot say 'she bought the house'. A property can be bought only through a sale deed executed in favour of the buyer by the seller.

2. The son of the brother of your mother did not have any right in the gifted property as on the date of gift deed's execution unless he can prove that the property gifted to your mother was ancestral.

3. If he files a case to impeach the gift deed the court will grant sufficient opportunity to your mother to contest his case. 
Ashish Davessar
Advocate, Jaipur
23140 Answers
640 Consultations

5.0 on 5.0

Hi, if the property is the self acquired property of your grandfather then he can gift the property to anybody he wants.

Suppose the property is the ancestral property of your grandfather he can't the gift the whole property, but in your case all other sons and daughter has signed the gift deed as witness so they can't claim right over the property only the brother who does not  sign the gift deed can file a suit for partition to an extent of his share.
Pradeep Bharathipura
Advocate, Bangalore
4561 Answers
204 Consultations

4.5 on 5.0

1. Your query is not clear. Who executed and registered the Gift Deed in favour of your mother after the demise of your grandfather?

2. If all his legal heirs had executed the Gift Deed in favour of your mother then the 3rd brother's son has no claim on the property during the lifetime of his father who has already gifted the said property to your mother,

3. He can not do anything to you legally,

4. Even otherwise he can not do any thing legally since the limitation for filing a suit being 12 years from the date of the cause of action is already over or just going to be over.
Krishna Kishore Ganguly
Advocate, Kolkata
18772 Answers
453 Consultations

5.0 on 5.0

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