• Gifted property

SIr

Can my grandfather gift his property to his daughter in law ( that's my mother)...My parents has been staying with my grandfather since 35 years in state of uttrakhand and he gifted his property to my mother in 2010 and a proper registration was done in sub registrar office...after two year he passed away.. We have payed the proper stamp duty and everything...Now can it be challenged based on that father has no right to gift the property to daughter in law.with whom he was staying for past 35 years and she was the one taking care of him...
Asked 3 years ago in Property Law from Dehradun, Uttarakhand
property once gifted and duly stamped and registred can not be challenged
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
1. A property if transferred beyond the right the transferor , the same can be challenged in court of law even if it is property stamped and registered.
2. Since in your case it was his self earned property, it can not be challenged anymore.
3. had it been his ancestral property, the other legal heirs could have successfully challenged for setting aside this gift deed.
Devajyoti Barman
Advocate, Kolkata
6921 Answers
78 Consultations
4.9 on 5.0
as i mentioned it can not be as it is a self acuired prop
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
1) once gift deed is made  duly stamped and registered daughter in law would be absolute owner of said property . 

2) in your case donor ie your grand father  had out of love and affection gifted said self acquired property to daughter in law 

3) gift deed cannot be challenged except on grounds of undue influence and fraud . 

4) daughter in law has strong case on merits
Ajay Sethi
Advocate, Mumbai
27410 Answers
1490 Consultations
5.0 on 5.0
1. If it is the self purchased property of your grand father then it is beyond the pale of legal challenge by any one as your grand father being the owner of the property in question could have gifted it to any one he desired. 

2. After the transfer of property to your mother she assumed absolute ownership over the property which cannot now be impeached.
Ashish Davessar
Advocate, Jaipur
19628 Answers
507 Consultations
5.0 on 5.0
An absolute owner of a property can gift the property to anyone he decides. In this case father-in-law has gifted his self-acquired  property to daughter-in-law through a registered gift deed, that means the daughter-in-law has become the owner of that property. Only if the gift is alleged to have been made through undue influence, fraud, coercion, the same can be challenged in a court of law. In the instant case the gift is properly stamped and registered and when once the transfer of property to your mother has taken place she has become the absolute owner, it can not be impeached now.
Shashidhar S. Sastry
Advocate, Bangalore
1307 Answers
71 Consultations
5.0 on 5.0
Self acquired property can be gifted by the owner to any body he chooses to, including his daughter in law, out of his love and affection.
Krishna Kishore Ganguly
Advocate, Kolkata
13602 Answers
292 Consultations
5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
Ask a Lawyer

Property Lawyers

Ajay Sethi
Advocate, Mumbai
27410 Answers
1490 Consultations
5.0 on 5.0
T Kalaiselvan
Advocate, Vellore
17550 Answers
166 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
13602 Answers
292 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
19628 Answers
507 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
6921 Answers
78 Consultations
4.9 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
3156 Answers
47 Consultations
4.9 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
974 Answers
69 Consultations
5.0 on 5.0
Ajay N S
Advocate, Ernakulam
2032 Answers
24 Consultations
5.0 on 5.0
Shashidhar S. Sastry
Advocate, Bangalore
1307 Answers
71 Consultations
5.0 on 5.0
Kiran N. Murthy
Advocate, Bangalore
823 Answers
58 Consultations
5.0 on 5.0