• Registered will and settlement gift deed

DEar sir ,my grandmother, mother  of my father had registered 6 acres of land in my fathers name earlier it was in my grandmothers name ,and she made gift deed for 2 acres apart from six acres ,that come into force after her death,but now she again re writtent that 2 acres in my aunts name....my aunt is now blackmailing us that not only 2 acres will belong to her ,the remaining 6 acres that alaready registered in my fathers name will also belong to her ......can you please help us
Asked 1 year ago in Property Law from Eluru, Andhra Pradesh
Religion: Hindu
1) once gift deed is executed your father would be absolute owner of property 

2) grand mother cannot cancel gift deed unilaterally . 

3) she has to move court to set aside gift deed on account of fraud or coercion 

4)your aunt would have no share in land gifted to your father  
Ajay Sethi
Advocate, Mumbai
31011 Answers
1698 Consultations

5.0 on 5.0

Hi, The property which is gifted to your father has become the absolute property of your father so others have no right to claim share in the property.

2.  As far as "WILL" is concerned only the last"WILL" of your grandmother will  be valid one so your grandmother can write the "WILL" at any time during her life time and it will come into effect after her death only.
Pradeep Bharathipura
Advocate, Bangalore
4256 Answers
160 Consultations

4.3 on 5.0

1. It is not clear as to by which instrument your grandmother registered 6 acres of land in favour of your father. However, if the instrument of conveyance of title has been executed in accordance with the title then it is sacrosanct and final. Your aunt can claim succession to this 6 acres only if she can prove that the instrument of conveyance has not been executed in a legal manner or that the property is ancestral.

2. A gift deed comes into force as soon as it is made. It is not clear how your grandmother has devised the gift to be operational after her demise. 
Ashish Davessar
Advocate, Jaipur
20371 Answers
537 Consultations

5.0 on 5.0

Your father is the absolute owner of six acres of land when he obtain the right by way of creating a gift deed in favour of him by executing your grand mother.Your grand mother cannot cancel gift deed unilaterally after executing the same . Your aunt has no right over six acres
Ajay N S
Advocate, Ernakulam
2183 Answers
26 Consultations

5.0 on 5.0

 mother  of my father had registered 6 acres of land in my fathers name earlier it was in my grandmothers name ,and she made gift deed for 2 acres apart from six acres ,that come into force after her death,but now she again re writtent that 2 acres in my aunts name.
Your statement is confusing.  How come your dead grandmother come to life to re-write the gift deed in favor of your aunt when she has already executed a deed and died?
Any gift deed already executed and registered cannot be unilaterally revoked by the donor, so even if your aunt is producing such a gift deed, it may be held invalid because without cancelling a previous gift deed, a fresh gift deed cannot be executed on the same property.  You may challenge her claim through court by filing a declaration suit to declare your title on the basis of the gift already existing on your name..
T Kalaiselvan
Advocate, Vellore
21171 Answers
207 Consultations

5.0 on 5.0

now  i want to know that is there no problem to that six acres of land registered in my fathers name ,which was registered in his name by his mother,this property earlier in my grandmother's name, and is there any chances that we will get that remaining two acres tooo...in which she stated that she had ony right on lease but not on land and she stated that she will never give it to anyone in any form..
The subsequent information given by you is not in conformation to the previous one. 
In th previous question you said that the 2 acres was gift to our father, but now you say a different story.
Hence a proper opinion can be rendered only on seeing and perusing all the relevant documents, therefore you may consult a local lawyer for more proper opinion.
T Kalaiselvan
Advocate, Vellore
21171 Answers
207 Consultations

5.0 on 5.0

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