Daughter claims property gifted by father to son
My father has gifted me the property which was his own ( not an ancestral). The same has been registered as gift.Even me and my father has given a settlement amount which was accepted by my 2 sisters which is not registered.
Now one of my sister is claiming the share in the property, as my father gifted me and registered is the claim is valid ?
Please let me know as I am confused.
Asked 2 years ago in Property Law from Salem, Tamil Nadu
1)it was your father self acquired property
2) once gift deed has executed by your father and it is duly stamped and regd yiu are absolute owner of the property
3) your sisters have no share in the property
Many thanks Mr.Ajay. One more clarification . If my father wants to cancel the gift deed is it possible without my approval ?
Asked 2 years ago
1) your father will have to move court to set aside gift deed on grounds of undue influence or coercion
2) yiur father cannot unilaterally set aside the gift deed
3) the reason being once gift deed is executed and possession delivered you are the absolute owner of the property .
Nothing to get confused. You are absolute owner of the property and your sister can not claim any share in it.
The father can not cancel the gift deed anymore. Gift once executed can not be cancelled.
1. Your father was at liberty to gift or sell his property to anyone he desired. None of his children had any share therein during his lifetime. The share which was to accrue to his heirs on the intestate demise of your father could have been curtailed or abrogated by him if he made a will or alienated the property during his lifetime. So your sisters have no right to claim a share except if they can prove that the property is ancestral.
2. If the gift deed is unconditional then it cannot unilaterally be cancelled by your father. An unconditional gift deed can be cancelled only mutually by the donor and donee. Alternatively, it can be cancelled by the court on donor's lawsuit.
1. Your sister's claim on the property which has been gifted to you by your father throug a registered deed is invalid,
2. Be sure that you are now the absolute owner of the said gifted property and she will not be able to do anything to get a share of it.
No. Your father can not cancel the said registered gift deed now as per law.
If your father has transferred the self acquired property by executing a registered gift deed in your favor, it is final after you have accepted the gift. Your sister nor anyone can claim a share in your father's self acquired property nor they can question his power to perform this transaction, he need not take consent or permission form anyone to transact with his own property in any manner he decides or desires. Her claim for share or even a partition suit is not maintainable in law or in facts.
One more clarification . If my father wants to cancel the gift deed is it possible without my approval ?
Once a registered gift deed has been acted upon by the donee, the donor has no right to cancel the irrevocable gift deed unilaterally.
If he is claiming that the execution of the said gift deed was made on duress or pressure or coercion, then he has to approach court of law for cancellation with the support of documentary evidences to support his claim or pleadings.
Hi, Once the gift deed has been registered in your favour your sister has no right to claim share in the property. because it is the self acquired property of your father and he can dispose of his property by way of gift so after executing the gift deed you will become the absolute owner of the property.
2. Once the gift deed was executed he can't cancel the gift deed and power to cancel the gift deed lies on the court provided if the gift deed was executed by way of fraud, coercion.