• Gift deed before partition of property

Mr A had a residential property. He died intestate leaving behind his wife Mrs B, son Mr C and daughter (married) Mrs D.

Till now there has been no partition deed and the property is undivided.
Now son Mr C has sent a legal notice to daughter Mrs D stating that mother Mrs B has already executed a Deed of Gift for her share of the property transferring to son Mr C. And Mr C now being 2/3rd owner is asking for partition of the property. 

Now,
1. Can mother execute gift deed before partition of the undivided property ?
2. Can the gift deed be challenged on basis that it was made under coercion or force?
3. Can the daughter refuse to execute the partition deed?
Asked 14 days ago in Property Law
Religion: Hindu

First answer received in 30 minutes.

Lawyers are available now to answer your questions.

14 Answers

1. His mother can very well transfer her undivided share in the property in favour of her son by gift deed or any other valid mode of transfer.

2. If mother is living then only she can file a suit for cancellation of the registered gift deed for the reasons you have stated.

3. She can refuse to accept your demand for partition, therefore you can proceed with the suit for partition as per procedures of law.

T Kalaiselvan
Advocate, Vellore
85423 Answers
2239 Consultations

5.0 on 5.0

Mother can execute gift deed before partition oh property 

 

2) you can file suit to set aide gift  deed on account of coercion or undue influence 

 

3) brother can file suit for partition 

Ajay Sethi
Advocate, Mumbai
95222 Answers
7612 Consultations

5.0 on 5.0

- As per law, after demise of Mr A intestate , his property would be devolved upon his all legal heirs equally 

- Further any of the legal heir can transfer or release his respective share in the name of other 

1. Yes, for her share , she can registered gift deed 

2. Only mother can challenge as she is alive 

3. If daughter refuse for partition , then any of the legal heir can seek the partition. 

Mohammed Shahzad
Advocate, Delhi
13543 Answers
201 Consultations

5.0 on 5.0

Yes

Yes

Yes

Daughter can challenge after mother demise. 

Yogendra Singh Rajawat
Advocate, Jaipur
22714 Answers
31 Consultations

4.4 on 5.0

Mother /daughter both can file suit to set aside gift deed 

Ajay Sethi
Advocate, Mumbai
95222 Answers
7612 Consultations

5.0 on 5.0

The mother who is alive can only challenge it if she is aggrieved by the transfer of property.

The sister cannot challenge if the mother is perfectly alright in her health condition 

T Kalaiselvan
Advocate, Vellore
85423 Answers
2239 Consultations

5.0 on 5.0

1. Yes

2. Yes

3. Yes

Devajyoti Barman
Advocate, Kolkata
22921 Answers
498 Consultations

5.0 on 5.0

Dear Client,

First, the court would look for the car at the address you provided when registering as a member of that particular country. In the event that the car is not there, it can be ordered by the police to search for it and attach it wherever it is. If you transport the car from the address that is registered with the court, it is true that the court can send police to look for the car and order it to be impounded wherever you are.

Answering your queries one by one,

1. Under the terms of the special power of attorney, the mother can make a gift deed of her undivided share in the property right from when no formal division has occurred. The gift deed for her share will be okay, but it is necessary to physically partition the property so as to know the actual shares.

2. Yes, one can avail of the gift deed with the pretext that it was a gift under duress or compulsion. This can be achieved by providing some form of evidence that there was prior coercion or undue influence when the gift deed was prepared.

3. The daughter may also decline to assent to the partition deed or to complete it because she has a good reason not to execute the gift deed, such as the fact that the deed was made under force. Even the mother may challenge it, but it must be remembered that both the mother and the daughter have these rights. This is because the daughter can commence a suit in court and contest the deed on the grounds that the deed was not executed voluntarily or was executed under undue influence.

Anik Miu
Advocate, Bangalore
9206 Answers
111 Consultations

4.7 on 5.0

1. Yes only her share 

2.Yes

3 yrs she can refuse 

Prashant Nayak
Advocate, Mumbai
32164 Answers
185 Consultations

4.1 on 5.0

1. yes

2. yes can be done but the burden of proof will be on the person who so asserts

3. yes. In that case the son will have to file a partition suit

Yusuf Rampurawala
Advocate, Mumbai
7559 Answers
79 Consultations

5.0 on 5.0

follow up - 

the daughter can also challenge the gift deed if she can prove that her mother was forced to transfer her share by gift to her son

Yusuf Rampurawala
Advocate, Mumbai
7559 Answers
79 Consultations

5.0 on 5.0

1. Mother can legally execute a gift deed conveying her undivided share of the property to her son or anybody she feels like.

 

2. The said gift deed can certainly be challenged on the ground of influence, coercion and/or  deception.

 

3. The daughter can contest the said partition suit filed by her brother Mr. C fittingly based on the merit of the case.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

1.The gift deed purportedly executed by the mother in favour of her son can be challenged by her daughter claiming that her mother is old and ailing and may not be in ideal mental state for which the gift deed exceuted and registered by her is liable to be declared as in valid.

 

2. The said step will depend on the ground reality of the case.

 

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

1. YES, a gift deed can be executed without partition.

2. Yes, a gift deed can at anytime be challenged on the ground of coercion or force but strong evidences would be needed to prove coercion and force.

* Gift deed can be challenged by both your mother as well as by daughter.

3. Yes, she can refuse.

Vishek Vats
Advocate, Delhi
48 Answers

5.0 on 5.0

Ask a Lawyer

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