• Gift deed

Dear Sir,
   My grandfather purchased a land in 1976 & later house was constructedMy. My parents lived in the house of my grandfather since their marriage in 1980.  My father died in 1985 & later my grandfather gifted this entire property to my 2 buas in 1987 which they accepted & mutation is done in their name. 1 of these buas(a widow) took possession & started living in the western mazor portion of the house along with 2 sons. My mother continued to live in the same house in the eastern(minor) portion which was demarcated in our absence By a bricks wall running totally from North to south. 
   She is still living in the house alongwith me without any legal rights (Following papers she has - seperate electric bill in her name, telephone bill , ration card, gas connection , voter id, etc
   After regular discussion my 2 buas have thought of GIFTING this small eastern portion to us (where we are still living). One of my bua have 3 childrens(2 sons, 1 daughter) another has 2 sons respectively.
  Kindly tell-
  1) Whether my buas can gift this small eastern portion to us without taking consent from their childrens or husband 
  2) Whether their childrens have any right over their mother's property(STRI DHAN)?
  3) If we agree to take gift then do we need to take signature from all of these childrens & of my uncle on this "Registered deed of Gift"?  
  4) Will Registerd gift deed  is a solid document or a sale deed? 
 Kindly advice a fool proof legal solution what to do ? We don't want any problem in future if the sons & daughter dont sign on the deed. Kindly specify there role of challenging gift
 5) Can this gift be challenged in court?
Asked 6 months ago in Property Law from muzaffarpur, Bihar
Religion: Hindu
1. Yes, this proeprty is considered to be the self acquired proeprty and hence their sons and daughters have no share in it. So their signatures are not required.
2. No
3. Their sign is not required though there is no harm if you make them confirming party.
4. Gift deed is better option.
5. Yes. Any deed can be challenged.
Devajyoti Barman
Advocate, Kolkata
5196 Answers
54 Consultations
4.9 on 5.0
1) aunts can bequeath eastern portion of house to your mother 

2) consent of husband and children is not required 

3) gift deed should be duly stamped and registeted 

4) children can challenge gift deed but chances of success would be bleak 

5) enclose aunt medical certificate to gift deed 
Ajay Sethi
Advocate, Mumbai
23230 Answers
1219 Consultations
5.0 on 5.0
1. After the demise of your grandfather, which I presume was intestate, your grandmother could gift only her share in the property. Be that as it may, your buas can execute a gift deed of the property that they got through a gift deed without the consent of their children who during their lifetime has no share in the property of their respective mothers.

2. Property of your bua is not stridhan.

3. The gift deed requires a mandatory registration. 

4. The gift deed, as any other instrument of disposition of property, can always be challenged in the court, but if it has been executed in accordance with law then the donee or beneficiary, as the case may be, will be able to repel the challenge.
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0
Hello,
1) The buas can jointly gift the eastern portion to you as they are absolute owners of the entire property by virtue of the gift deed by the grandfather. They don't need to take any NOC from their husbands or children as the property is considered self acquired they got it by way of a gift.

2) Until the mothers die the children don't acquire any rights. While Alpine they can dispose of the property as they desire.

3) No, the only people needing sign are the aunts of yours(buas)

4)A gift deed or sale deed would not make any difference in terms of transfer of ownership rights. The children have no rights to challenge it in future.
5)No.
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0
Hello,
1) You don't need the uncles or your cousins as confirming parties for the simple reason that they don't have any rights in the property at the present time and the aunts are absolute owners capable of making any transfers.

2) It cannot be challenged. You cannot challenge your grandfather's gift deed because was absolute owner capable of making a gift then.
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0
Hi, Your aunts get the property by way of gift  from your  grandfather so the property become absolute property of your aunts so they can dispose of the property while executing gift deed  and it has to be registered before the Sub-Registrar.( But you have to verify it locally that you are coming with in the definition of family as described in the Stamp act.)
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
 1) Whether my buas can gift this small eastern portion to us without taking consent from their childrens or husband 

Once your grandfather has gifted the property to both of our paternal aunts, they after inheriting the same have become the absolute owners of the house. This means they do not have to take consent or permission from their children or husband to gift or transfer any portion or entire property to the person of their choice. 
Therefore the consent of their children or husband is not necessary if they are willing to gift this portion of property to your mother. 







  2) Whether their childrens have any right over their mother's property(STRI DHAN)?

NO





  3) If we agree to take gift then do we need to take signature from all of these childrens & of my uncle on this "Registered deed of Gift"?  

No, their signature is not necessary and they cannot legally dispute this transfer anytime even in future. 






 4) Will Registerd gift deed  is a solid document or a sale deed? 
 Kindly advice a fool proof legal solution what to do ? We don't want any problem in future if the sons & daughter dont sign on the deed. Kindly specify there role of challenging gift

Registered gift deed or a registered sale deed in your mother's favor is a valid document which cannot be disputed or challenged by anyone including their children or husbands not only now but anytime in the future too.
The children of your paternal aunts or their husbands do not have any rights or share in the properties that belong to your aunts hence any legal action by any of them in this regard are a mere waste exercise and not maintainable in law. 






 5) Can this gift be challenged in court?

Even if it is challenged, it is not maintainable or tenable in law.

T Kalaiselvan
Advocate, Vellore
14006 Answers
127 Consultations
5.0 on 5.0
My aunts are signing ,uncle is signing & one son each are willing to sign. 3 others are outside working. How can i make them confirming party?
Also on what basis this gift be challenged?
Can we also challenge the grandfather gift now?

This was your grandfather's self acquired property.
He transferred this property equally to two of his daughters by executing as registered gift deed in their favor during his lifetime.
The execution of preregister gift deed and transfer of property by this mode is legally valid and cannot be challenged by anyone and even if somebody challenges it, they will fighting a losing battle because it is not tenable or maintainable in law.
After accepting the gift and acquiring the property by the registered gift deed your paternal aunts become the absolute owners of their respective share of property.
By this your aunts have got full and absolute powers to dispose their property in any manner and to anyone by any mode as per their desire or choice and they need not take the permission or consent from anyone including their own children or husband during their lifetime.
Thus anyone ion the name of children etc cannot challenge the gift deed executed by your paternal aunts to your mother at any stage even in future and if they do so they may doing so at their own risk as the same is not maintainable.
T Kalaiselvan
Advocate, Vellore
14006 Answers
127 Consultations
5.0 on 5.0

Ask a Lawyer

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

Property Lawyers

T Kalaiselvan
Advocate, Vellore
14006 Answers
127 Consultations
5.0 on 5.0
Ajay Sethi
Advocate, Mumbai
23230 Answers
1219 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
12104 Answers
230 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
5196 Answers
54 Consultations
4.9 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
868 Answers
43 Consultations
5.0 on 5.0
Atulay Nehra
Advocate, Noida
434 Answers
15 Consultations
4.7 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2737 Answers
41 Consultations
4.9 on 5.0
Ajay N S
Advocate, Ernakulam
1915 Answers
19 Consultations
5.0 on 5.0
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0