File affidavit that you have executed gift deed in favour of daughter 

2) they may challenge gift deed bit chances of success are less 

3) litigation is long drawn process there are no short cuts 

Dear client, as to the reply of your query i would like to state that during on going cases no deed should be registered, but in your case is there any injunction against anyone? If yes, the deed registration was not a good idea, otherwise you can give this information in the written statement through your lawyer. And lastly your main query for faster trial you can approach before the Hon'ble High Court seeking an expeditious trial, if possible take time boundation.

Response to your queries:

Submission of Gift Deed in Court:

You can submit the registered Gift Deed by filing an Application under Order 8 Rule 9 CPC (additional pleadings) or via your written statement, if not yet filed. Alternatively, you may file an Interlocutory Application (IA) with an affidavit annexing the deed, formally bringing it on record. Your lawyer can request the court to record and recognize this deed in the proceedings. The IA method is preferable as it officially places the document before the court for consideration.

 Can They Challenge It?

Yes, legally your elder and middle daughters may challenge the Gift Deed by alleging fraud, coercion, undue influence, or questioning your mental capacity at the time of execution. However, since you are gifting only your lawful 1/4th share, any challenge will have weak merit unless they can prove such grounds. A valid registered gift deed executed voluntarily is legally enforceable.

Risk of Delay & Remedies:

They can attempt to delay the case by filing frivolous objections, discovery applications, or seeking adjournments. To mitigate delays:

• Instruct your lawyer to oppose adjournments actively.
• File an application for early hearing citing your age and health.
• Request the court for time-bound directions to conclude the case.
  Additionally, you may file a declaratory suit to confirm the Gift Deed’s validity, creating an independent legal record.

This proactive legal strategy can protect your interests effectively, for more legal help pls connect 😊

1. How to Officially Submit the Registered Gift Deed in the Ongoing Partition Case:

Your lawyer is the best person to advise on the most effective method. Generally, in an ongoing court case:

• Submitting through a Written Statement (WS) or Amended Written Statement: This is a common and usually effective way. If you have already filed your initial Written Statement, you may need to seek permission from the court to file an Amended Written Statement to include the details of the Gift Deed and its implications for the partition. The Amended Written Statement would explicitly state that your 1/4th share has now been transferred to your youngest daughter, and therefore, your youngest daughter's share in the property has increased to 2/4th.

• Submitting through an Affidavit: While an affidavit can be used to present facts to the court, simply submitting an affidavit might not be sufficient to formally amend the pleadings and reflect the change in ownership shares within the context of the partition suit. It's usually accompanying a formal application or pleading.

• Filing an Application under Order VI Rule 17 of the Civil Procedure Code (CPC): This rule deals with amendment of pleadings. Your lawyer can file an application to amend your Written Statement to incorporate the facts about the Gift Deed and the change in shares. This is generally the most appropriate method to bring new, material facts to the court's attention in an ongoing suit.

• Bringing it to the Court's Attention During Hearing: Your lawyer will, of course, orally inform the court during hearings, but this must be supported by formal documentation filed with the court.

Which method is more effective? Amending your Written Statement through a formal application (like under Order VI Rule 17 CPC) to incorporate the details of the Gift Deed is generally the most effective way to officially bring this change to the court's record and directly impact the partition suit. Your lawyer will guide you on the precise legal procedure.

2. Can Your Elder and Middle Daughters Legally Challenge This Deed?

• Right to Challenge: Yes, your elder and middle daughters can legally challenge the Gift Deed. Anyone affected by a legal document generally has the right to challenge its validity in court.

• Grounds for Challenge: However, the success of their challenge depends on the grounds they raise. Common grounds for challenging a gift deed include:

  • Fraud or Coercion: Alleging that the deed was not executed voluntarily or was obtained through fraud, misrepresentation, or undue influence.

  • Lack of Mental Capacity: Claiming that you were not of sound mind when you executed the deed.

  • Improper Execution: Technical flaws in the execution or registration of the deed.

  • Against Public Policy or Law: If any terms of the deed violate existing laws (which seems unlikely in your case if you're gifting your own share).

• Your Position: Since you are transferring only your rightful 1/4th share, which was absolutely yours, the legal basis for a successful challenge based on the right to transfer would be weak. A person has the right to dispose of their self-acquired property as they deem fit, including by way of gift, unless there are specific legal restrictions (which are usually not applicable to a simple gift of self-acquired property to a legal heir).

• Burden of Proof: If they challenge the deed, the burden of proving its invalidity would typically lie on them.

3. Can They Still Delay the Case for Years by Raising Objections? What Can You Do to Avoid Delays and Protect This Gift Deed Legally?

• Potential for Delay: Unfortunately, litigation, especially partition suits, can be prone to delays, and parties sometimes use various tactics to prolong proceedings. Your daughters can raise objections to the Gift Deed, which might lead to additional hearings, arguments, and potentially separate applications to determine the validity of the deed within the partition suit itself, or even a separate suit to challenge it.

• What You Can Do to Avoid Delays and Protect the Gift Deed:

  1. Consult Your Lawyer Immediately: This is the most crucial step. Your lawyer needs to be fully aware of the Gift Deed and incorporate it into the case strategy.

  2. Proper Documentation and Registration: Ensure the Gift Deed is impeccably drafted, properly stamped, and duly registered as per Indian law. This strengthens its legal validity.

  3. Proactive Pleadings: Your lawyer should proactively file the necessary applications/amended written statement to bring the Gift Deed on record.

  4. Emphasize Your Absolute Right: Your lawyer should strongly argue that the 1/4th share was your absolute property, acquired after your husband's death, and you have every right to gift it.

  5. Seek Early Adjudication on the Deed: If your daughters challenge the deed, your lawyer can request the court to decide on the validity of the Gift Deed as a preliminary issue, or at least expedite its determination, so it doesn't indefinitely hold up the partition.

  6. Highlight Delay Tactics: Your lawyer can bring to the court's attention any apparent delay tactics by the opposing parties. Courts are generally keen to prevent abuse of process.

  7. Evidence of Volition: If a challenge arises based on coercion or undue influence, be prepared to provide evidence that you executed the deed voluntarily and with full understanding. This might involve medical certificates (if relevant to mental capacity concerns), witness testimonies, etc.

By taking proactive and legally sound steps with your lawyer, you can strengthen your position and work towards an expeditious resolution of the partition suit, securing your youngest daughter's enhanced share.

You can very well transfer your rightful share in the property to your youngest  daughter by executing a registered gift deed by clearly mentioning that you are transferring your undivided share in the property in her favor which will come into effect immediately however she can identify the share as per the allotment made by court in the ongoing suit for partition.

1. You can add it in your written statement that you have transferred your legitimate undivided share in the property in favor of your youngest daughter by a registered settlement deed.

2. For the purpose of dragging on the case they may challenge this legally valid transfer but their efforts will be futile because they cannot object to your decision to transfer your undivided share in favor of the daughter of your choice, which is your right.

3. You cannot do anything about the delay in the trial proceedings owing to various factors, but your option to transfer your share in favor of your chosen daughter will be legally valid and it will be taken into consideration by court at the time of dividing the property  

1. If the gift deed is already done and the beneficiary will file a petition for amendment of plaint stating his larger share.

2. She will also apply for deletion of your name as you remained no more a co sharer of the property. 

3. The above facts have nothing to do with expediting the case. They can still drag the case to some extent. 

Your husband passed away intestate (without a Will), and his share of the undivided property (received via partition decree in 1998) became his self-acquired property.

• After his death, the 1/4th share each devolved upon you (wife), and your three daughters (as Class-I legal heirs).

• In 2024, your elder daughter filed a partition suit.

• In 2025, you executed a registered Gift Deed (Dhana Settlement) transferring your 1/4th share to your youngest daughter out of love and affection.

1. How to Submit the Registered Gift Deed in the Partition Suit?

You can submit the Gift Deed through two legally accepted ways:

Attach a certified copy of the registered Gift Deed as Annexure.

Option B Through an Affidavit + Petition (if WS already filed):

If WS is already filed, you can file:

• A petition for taking additional documents on record under Order 8 Rule 1A CPC

• Along with a sworn affidavit stating the facts and enclosing the Gift Deed

Court will officially mark it as evidence and take it on record.

Tip: Marking the Gift Deed early in the case helps avoid later disputes on its admissibility.

2. Can the Elder or Middle Daughter Legally Challenge the Gift Deed?

They can raise objections, but only on limited grounds, such as:

• That the gift exceeds your lawful share (which it does not, since you are gifting only your 1/4th)

• Allegation of coercion, fraud, or mental incapacity at the time of executing the deed

However, if:

• The deed is registered.

• It was executed voluntarily.

• And you are gifting only your own rightful share.

 It is legally valid and highly unlikely to be struck down by the Court.

3. Can They Still Delay the Case? What Can You Do to Prevent It?

Yes, unfortunately, even valid deeds don’t prevent delay tactics like:

• Repeated adjournments

• Frivolous objections or petitions

• Delayed cross-examination, etc.

To Minimize Delay:

• Instruct your lawyer to object to unnecessary adjournments and push for early framing of issues

• File an IA (Interlocutory Application) under Section 151 CPC requesting the court to accept the Gift Deed on record and consider its legal effect early

• Request the court to frame a preliminary issue on your ownership/share, so the matter is partially decided quickly

You may also explore filing for early hearing under Order XV-A CPC (for case management) if your jurisdiction allows it.

Summary of Recommendations:

Issue

Advice

Submission of Gift Deed

Include in Written Statement (if pending) or via affidavit + petition

Legal challenge by others

Possible but unlikely to succeed since only your share is gifted

Protection against delay

File IA, push for early issue framing, oppose adjournments

Final Note:

Your gift deed is a strong legal step to secure your 1/4th share in favor of your youngest daughter. Timely submission and assertive legal follow-up through your counsel will help protect your interest and reduce delays.

• Submit Gift Deed: File it through your Written Statement with your lawyer and produce it as evidence during the case.

• Challenge by Others: Your elder and middle daughters cannot stop you from gifting your rightful 1/4th share.

• Avoid Delay: Ask your lawyer to seek early hearing or fixed timeline from the court to prevent intentional delays.

You executed a valid registered Gift Deed in 2025, transferring your 1/4th share in the undivided property to your youngest daughter, and thereby consolidating her entitlement to 1/2 share in the property. Since the property was inherited by your husband through a partition decree in 1998, it constituted his self-acquired property, which after his death devolved equally upon you and your three daughters under Section 15 of the Hindu Succession Act, 1956. Your 1/4th share is your absolute property and you have full legal authority to gift it during your lifetime.

To officially bring the Gift Deed on record in the pending partition suit, you should file an application under Order 1 Rule 10 or Order 6 Rule 17 read with Section 151 CPC, seeking leave of the court to place on record the registered Gift Deed dated 2025. You may also request that the court recognize the change in shareholding resulting from this gift. It is advisable to accompany the application with an affidavit of facts explaining the reason for the gift and confirming its execution and registration. You can submit this document through your counsel during a hearing, and if required, mark it formally as evidence at a later stage under Section 65 of the Indian Evidence Act.

Your elder and middle daughters can legally object to the gift deed, but only on limited grounds such as coercion, fraud, or mental incapacity—which, if absent, make the gift deed unimpeachable. Since the gift deed affects only your own share (not theirs), any challenge on ownership grounds would be meritless. Moreover, courts recognize the right of a co-sharer to deal with their undivided share independently.

While the other parties may attempt to delay the case procedurally, you can mitigate this by filing an early hearing application under the court's rules or a petition under Section 151 CPC seeking expeditious disposal. You can also press for framing of issues and seek a fixed schedule for evidence and arguments. If any party adopts dilatory tactics, you can request the court to record such conduct and impose costs or even seek striking off their defence in extreme cases.

In addition, since your gift deed is already registered and complete in law, it creates enforceable rights. You can also have your youngest daughter file an application to implead herself as a co-plaintiff or transferee in respect of your share, depending on the procedural stage of the case.

You may contact me for full legal assistance in drafting the appropriate court applications, responding to objections, protecting the gift deed from challenge, and ensuring that the partition case progresses efficiently without procedural delays.

You can produce the documents in evidence if you are a party 

1. You can submit the same with the written statement and at later stage the Court may not allow to submit the same. 

2. No.

3. No, they cannot delay the proceeding legally , if you have pursing your case diligently . 

1. This can be marked as a document in evidence. Your counsel can assist you.

2. They can, but may not stand the scrutiny of law.

3. Delay cannot be avoided as it is part of the justice.

G.Rajaganapathy
Advocate
High Court of Madras

Q. At the time of filing my written statement in the ongoing partition suit, only one gift deed (out of a total of two) transferring my 1/4th share to my youngest daughter had been completed. I was also awaiting the completion of the patta mutation in her name, which was recently completed. Subsequently, the second gift deed has now also been completed.


Therefore, I did not disclose the gift deeds earlier to avoid any complications or misunderstandings. The partition suit is currently at the issue framing stage.

Kindly advise: What is the best way to properly disclose both completed gift deeds at this stage? Would filing an application to amend my written statement or submitting an affidavit be appropriate? How can I ensure that this full disclosure supports my case and is accepted smoothly by the court?

Answer - It's prudent that you're seeking to properly disclose these gift deeds now, especially since the suit is at the issue framing stage. Transparency, even if delayed, is usually viewed more favorably by the court than a later discovery of undisclosed facts.

Here's an analysis of your options and how to proceed:

1. Best Way to Disclose: Application to Amend Written Statement

Filing an application to amend your written statement under Order VI Rule 17 of the Code of Civil Procedure (CPC) is the most appropriate and legally sound method to disclose the completed gift deeds.

• Why Amendment is Preferable to an Affidavit Alone:

  • Pleadings: A written statement constitutes your formal pleadings in the suit. Any new facts or changes to your defense must be incorporated into your pleadings. A mere affidavit, while a sworn statement of facts,doesn't formally amend your pleadings.

  • Foundation for Issues: Since the suit is at the issue framing stage, the court will frame issues based on the pleadings of the parties. If the gift deeds are not part of your written statement, they may not be considered when framing issues, which could weaken your case later.

  • Right to Reply: An amendment allows the opposing party to file a rejoinder/additional written statement specifically addressing the new facts (the gift deeds), ensuring due process. An affidavit might not automatically trigger this right.

  • Court's Discretion: Courts generally allow amendments that are necessary for determining the real questions in controversy between the parties, provided it does not cause injustice or prejudice to the other party.

• Key points for your application to amend:

  • Explain the reason for delay: Clearly state that at the time of filing your original written statement, only one gift deed was completed, and you were awaiting the completion of patta mutation for that deed, and the second deed was not yet completed. This explains why you "did not disclose the gift deeds earlier to avoid any complications or misunderstandings." This shows a lack of malicious intent and focuses on the completion of the legal process.

  • State the current status: Confirm that both gift deeds are now completed and patta mutation for the first one is also done.

  • Specify the amendments: Clearly indicate the paragraphs in your written statement that you wish to amend or add to. You will need to explicitly mention the details of both gift deeds (date, parties, property details,registration details, etc.) and the fact of patta mutation.

  • Necessity for proper adjudication: Emphasize that the disclosure of these gift deeds is crucial for the complete and proper adjudication of the partition suit, as they directly impact your share and the shares of other parties.

  • No prejudice: Argue that allowing the amendment will not cause any undue prejudice to the other party, as they will have an opportunity to respond to the amended pleadings.

2. Supporting your Case and Ensuring Smooth Acceptance:

• Draft a strong application:

  • Title: "Application under Order VI Rule 17 of the Code of Civil Procedure, 1908, for Amendment of Written Statement."

  • Contents:

    • Briefly introduce the suit and your role.

    • Refer to your original written statement and the date of its filing.

    • Explain the circumstances of the first gift deed being "completed" but mutation pending, and the second deed being incomplete at the time of filing your original written statement.

    • Clearly state that both gift deeds are now completed and registered, and the patta mutation for the first gift deed is also completed. Provide the specifics of each deed (registration number, date, property description, donee's name).

    • Explain why this information is crucial for the court to determine the actual shares and avoid multiplicity of proceedings.

    • State that the proposed amendment will not change the nature of the suit but will merely bring on record subsequent material facts.

    • Attach copies of both completed gift deeds and the patta mutation record as annexures to the application.

    • Include a prayer to allow the amendment and permit you to file an amended written statement.

• Accompanying Affidavit: Your application for amendment must be supported by an affidavit affirming the truthfulness of the facts stated in the application. This is standard practice.

• Be prepared for objections:

  • The opposing party might object to the amendment, arguing delay or that it changes the nature of the defense.

  • Be ready to counter these arguments by reiterating that the facts came into full existence after your original filing (completion of deeds, mutation) and that their disclosure is essential for a just resolution.

  • Emphasize that the delay was due to the ongoing legal processes of deed completion and mutation, not an intentional suppression of facts.

• Seek Legal Counsel: It is highly recommended that you engage a lawyer to draft and file this application. An experienced lawyer will:

  • Ensure proper legal drafting and adherence to court rules.

  • Present your reasons for delay effectively.

  • Anticipate and address potential objections from the opposing side.

  • Represent you effectively during the hearing of the amendment application.

By following these steps, you can ensure that the full disclosure of the gift deeds is done in a legally compliant manner,supporting your case and minimizing potential complications in the partition suit.

You can file a petition under order VIII, Rule 9 and section 151 CPC seeking court's permission to file additional written statement giving reasons to include the latest documents pertaining to the same suit schedule  properties and the pleadings accordingly. 

Submit an affidavit as execution of gift deed is at later stage 

You need to amend your WS and pleadings including that gift deed not stated. Later with evidence you can file the same 

Since your partition suit is currently at the issue framing stage, and both gift deeds (Dhana Settlements) transferring your 1/4th share to your youngest daughter are now complete (with patta mutation also done), this is an appropriate stage to bring these facts on record.

Please find your answers below:

1. What is the best way to disclose both completed gift deeds now?

You should file an application under Order 6 Rule 17 of the Civil Procedure Code (CPC), 1908, seeking amendment of your written statement to incorporate the following:

• Full disclosure of both executed gift deeds

• Reference to completed patta mutation

• Clarification that the non-disclosure earlier was due to pending registration/mutation

• Confirmation that these deeds pertain only to your 1/4th lawful share

This ensures the disclosure is part of the official pleadings and becomes part of the record before issues are framed.

2. Is filing an affidavit sufficient instead of amendment?

No, merely submitting an affidavit may not be sufficient unless the court expressly allows you to file additional documents/affidavits at this stage.

Since the gift deeds affect the pleadings and rights of parties, it is legally safer and procedurally stronger to amend your written statement formally.

However, once the amendment application is allowed, you can attach a supporting affidavit along with copies of the gift deeds and mutation record for clarity and evidence.

3. How can I ensure the disclosure supports and is accepted by the court?

To ensure smooth acceptance

• File the amendment application at the earliest, before framing of issues is concluded.

• Clearly state there was no malafide intention or suppression earlier, only delay in execution/registration.

• Attach copies of the gift deeds and the mutation order/patta in the name of your youngest daughter.

• Seek liberty to file these documents as relevant evidence during the trial under Order 13 CPC.

Courts are generally lenient in allowing amendments when done before issue framing, and especially when it involves only your own share in the property.

Legal Tip: Since you are only transferring your 1/4th share, and not affecting others' rights, it does not amount to a prejudicial or belated amendment, and courts usually allow such additions to written statements.

Conclusion: File an application under Order 6 Rule 17 CPC with full disclosure of the two gift deeds, state your reasons for non-disclosure earlier, and attach supporting documents. This is the most appropriate and legally sound method to protect your rights and ensure transparency.

You have been asking questions on this platform in different capacities,  like mother,  daughter,  etc. 

Anyway whether or not the gift was accepted by the daughter,  the fact that the gift deed was made , ought to have been disclosed in your written statement,  as that is a material fact and not disclosing the same would amount to suppression of material facts from the court 

You will have to amend your written statement by filing an application 

Such amendment applications are liberally allowed by the court when it comes to amending the WS. You will find umpteen number of judgments on the same. You can research those judgments by yourself as it appears that you have some semblance of legal knowledge going by the manner in which you pose and structure your queries 

Since the case is still at the stage of framing of issues, the best course is to file an application to amend your written statement. You should include the details of both registered gift deeds in the amended statement.

Filing them through an affidavit alone might lead to objections. Including them in the written statement ensures they become part of the formal record.

You have the legal right to gift your 1/4th share. Your elder and middle daughters may object, but your act is within the law and does not harm their rightful share.

Ask your advocate to press the court not to delay the matter and to move forward with framing of issues. Timely filing now can prevent future disputes.