1) once gift deed is executed by your grandmother duly stamped and regd your aunt would be absolute owner of property
2) your grandmother can move court to set aside gift deed on account of undue influence or fraud but chances of success are bleak
Grandmother property
Hello sir My grandmother has two daughters my mother is a small daughter. My grand mother had a land property she had registered the total property to my aunty through GIFT DEED in the year 2002 My grandmother not informed to my mother she had completely transferred the total property to my aunty. At that time am minor of age of 10. Now I want to go for court for my half share in the property. And now my grandmother also with me she now interested to share the property equally to two daughters. please tell me is there any chance to win my case in the court to get property. If not please tell me Is there any other chance to get the half share in my grandmother property.
Asked 8 years ago in Property Law
Religion: Hindu
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9 Answers
How do you have a share in the property if this was your grandmother's self acquired property which she had gifted? Your grandmother also cannot cancel the gift deed that she had executed in favour of your aunt except if it was a conditional gift deed, and the condition prescribed therein has been breached.
My grandmother was got that property from her parents she has not earned/buy from others. At present my grandmother and even I don't have any documents of that property to check the conditions in the gift deed. As per my knowledge there is no condition mentioned in the gift deed. Is there any chance If my grandmother move to the court by telling that she had done the registration with fear and the influence of my aunty.
Asked 8 years ago
The property that she got from her parents is her separate property that it at par with self acquired property, as a corollary thereto she was at liberty to transfer it to anyone she desired. You stand no chance, so do not waste time and money going to court.
Hi, Once the gift deed was executed it can't be cancelled and now it is very difficult to get your share in the property as it was transferred by way of gift.
2. As the property is the streedhan of your grand mother and she has dispose of the property by way of gift deed you can't do anything.
3.Only thing is that ask your grand mother to file a suit for cancellation of gift deed on the ground that gift deed was executed by way of fraud, coercion and undue influence.If the Court cancel the gift deed then your mother will get 1/2 share in the property.
1) it is inherited property from parents and would be regarded as self acquired property
2) grandmother was free to execute gift deed and aunt would be absolute owner of property
3) for 14 years your grandmother did not take legal proceedings to set aside gift deed
4) grandmother can move court to set aside gift deed but she has to prove that she was forced to execute gift deed by her eldest daughter
Now I want to go for court for my half share in the property.
And now my grandmother also with me she now interested to share the property equally to two daughters.
please tell me is there any chance to win my case in the court to get property.
If not please tell me Is there any other chance to get the half share in my grandmother property.
The property in the name of your grandmother shall be her own and absolute property.
You have stated that she had transferred the property in favor of only one daughter, it is her own will and wish and cannot be interfered by anyone including law or court.
Further the the gift deed executed and registered in her favor cannot be revoked unilaterally by your grandmother.
Now it is more than 12 years that the property has been transferred on her name hence it is barred by limitation too for retrieving the property through law as well.
Moreover you have no rights in the property as well as your mother also has no rights in the property during the lifetime of your grandmother so partition suit not maintainable on that ground too.
Is there any chance If my grandmother move to the court by telling that she had done the registration with fear and the influence of my aunty.
Your grandmother hopelessly lost all the chances if at all she had any to retrieve the property by any means, the reasons are given clearly in my previous reply.
Hi
A gift is an absolute deed of title once signed.
Cancellation of it is possible only with.mutual agreement.
Orelse the Donor has to convince the court the deed was registered by fraud and force,there was an undue influence was used et.
You have no right to ask for share as your grand mother is alive,do no Partition can be sought while the owner is alive.
Your grand mother can file for a suit for cancellation of the gift deed unilaterally and try her luck.
There is not much scope to get any results but remedies are open uner the existing provisions of law to cancellation the gift deed,so your grandmother will have to prove it in court she was coerced to sign the deed or fraud was used.
you can challenge the legality of transfer on the ground of undue influence, but your grandmother should be stand with you in all proceeding. if your aunt has transferred that property to any other person then you cannot cancel that sale deed.
file a suit for cancellation of conveyance deed. you can get 50% share in the property.
