Dear Sir, I planning to purchase a NA plot admeasuring 362 sq.mts.I approched the seller as she had given advt in the daily news paper.The property title is as follows.The seller mother in law purchased the plot in 2 by virtue of sale deed in sub registrar from a developer in 2010.Later,in 2012 MIL(Mother in law) executed a DEED of GIFT in favour of her Daughter in Law(DIL) in sub registrar office in 2012.Now,I approched The seller DIL(daughter in law) for property purchase.My questions are as follows 1) will the property sale to me from DIL will be valid? 2)Will Mother in law that is donar s heirs can claim the share after the proprty is sold. 3)will Donar revoke the gift deed from donee after the property is sold to me. 4) will Mother in law heir will claim the property share after death of Donar that is MIL 5)MIL(Donar has not done mutation of the property aslo the donee (DIL) also not carried out Mutation,Shall I complete mutation process after purchase as Original sale deed of MIL and Gift deed will be handed over to me after the sale. 6)Is it possible to cancel the deed of gift between MIL and DIL by virtue of court order once property is sold to me. Please advise on this issue
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Once gift deed is executed by MIL in favour of DIL she would be absolute owner of property
2) Sale by DIL in your favour would be valid
3) gift deed cannot be revoked by donor . You need court orders for setting aside gift deed
4) insist that mutation of property be done in DIL name before purchase of property by you
5) legal heirs of MIL can file suit to set aside gift deed on account of undue influence but they have to prove it was done by undue influence or coercion
1. If the title of the property in favour of the MIL is not questioned, then she can deal with her said property in any way she feels like, including registering a gift deed in favour of her DIL.
2. Once the Gift Deed is registered in favour of the DIL, other legal heirs can not challenge the same as per law.
3. Registered Gift Deed is not revocable for which the gift can not be revoked by the MIL.
4. After the gift deed is registered, the said gifted property becomes the property of the DIL which can not be claimed by the legal heirs of the MIL after her death.
5. You can ask the seller to complete the mutation process before selling her said property or at least apply for the same.
6. Unless it is proved that the MIL was not the rightful owner of the said property or the said gift deed was registered under coercion or that the photograph and/or signature of the donor is false, then the other legal heirs can not challenge the said gift deed and pray for its cancellation.
1. If the gift deed on the name of the DIL is by a registered document then she holds the title, hence valid.
2. Once the property has been transferred by MIL in favor of DIL by a registered gift deed, she is dispossessed of the property and she cannot claim any rights in it after that in future neither she can cancel the registered gift deed for any reason.
3. No, if it was a registered deed it cannot be cancelled or revoked without any valid reasons and without an order of court.
4. Any such claim would nto be maintainable.
5. Yes.
6. In ordinary circumstances the court will not entertain any such suit, however if it was obtained by fraud and it is proved beyond doubt then the court may pass a decree and judgment nullifying the gift deed and may pass an order cancelling the gift deed. at any stage.
