• Right on the father property on daughter's children

I am the only son to my father and mother and my age is 34 now. I have elder sister got married in  year 2001.  My father has earned a house in Housing Board corporation. My father has performed her marriage and given some amount as gift to her. Then i have joined a job and paid all the loans of my father. The loans taken by father due to my sister marriage expenses in year 2005. I have also cleared all due installments to housing board corporation. 
In the year 2007 my father has executed a gift deed on the house to me. Based on this i have demolished the small house and constructed a 2 stair building. I have also taken home loan for the construction. I have made this construction with my own money also.
I married in the year 2012 and i have son now.
Unfortunately, my father passed away in the year 2013. After this my mother stays with me in hyderabad and we have rented the house. 

My question is whether my sister has any right on this property or not. Because she is asking money now and may claim her share on this property. And also whether her daughters can claim on this property as grand fathers property or not. I heard that registered gift deed performed by my father will also a problem in my case. My friend says that instead of gift deed you must have taken this property from your father as a sales deed. Please help me in this regard.
Asked 5 months ago in Property Law from Hyderabad, Telangana
Religion: Hindu
This was your father's self acquired property so he had full rights and marketable title o transfer the property to your name by executing a registered gift deed.  

Ever since the property was transferred to you by a registered deed, you have become the absolute owner of the  property in which other than you nobody has any claim or rights or a share in it. 

 If your sister is troubling you, ask her to approach court seeking her relief, the court will turn down her claim as not eligible.

If your sister herself cannot claim any rights in it, her daughters or wards do not have any reason for pursuing it.
 
Your friend's opinion is incorrect.  A registered deed is a deed which cannot be challenged ordinarily except on the grounds of fraud and the burden lies on the person to prove the allegations of fraud. 
T Kalaiselvan
Advocate, Vellore
13944 Answers
127 Consultations
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1) your sister has no rights on house as your father executed gift deed in your favour 

2) your sister daughters have no share in the property 

3) once gift deed is executed , duly stamped and regd by your father you are absolute owner 
Ajay Sethi
Advocate, Mumbai
23145 Answers
1215 Consultations
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Hi 
1) Since your father has executed a registered Gift deed in your favour that too in the year 2007, your sister cannot make any claims now and you are the absolute owner of the property in accordance to facts and law.

2) No need for a sale deed as suggested by your friend as in your case, it is your father's self acquired property which he has gifted to his son. 

3) The points that will validate your title vide the Gift deed are  :
a) That you have demolished the old house and constructed a new 2 storey structure after obtaining building permission from government authorities(GHMC/Panchayat) as applicable. 
b) That you have done improvements to the property by constructing a new 2 storied structure by availing bank loan and by investing your own funds. 

c) Your sister who got married in the year 2001 cannot claim ignorance of facts because invariably she would have been a witness to the demolition or the construction of 2 storied structure approximately between 2007 to 2012.
d) That the electricity bills and property tax receipts in your name since the year 2007.
e) You have availed bank loan and the property has been mortgaged to the bank.

4) Since your father was the original allottee in housing board corporation and subsequently he Gifted this property to you, the nature of property will be self acquired property only. Your sister cannot claim it as ancestral property. 

5) Law of limitation will strictly apply to your case-  It is close to 6 years between the Year of Gift deed and your father's demise. If at all the Gift was to be revoked by your father, your father should have ideally revoked the Gift by 2009. Since he did not revoke the Gift till the time of his demise , the  gift is valid .

6) Law of limitation will strictly apply to your sister's claim:  Your sister cannot challenge Gift deed now as it is close to 9 years and hence even his children (your sister) cannot question the gift made in the year 2007.

7) Your sister does not have any right on the property as your father has executed a legally valid registered gift deed in your favour when he was alive.
.Hope this helps
Rajgopalan Sripathi
Advocate, Hyderabad
868 Answers
43 Consultations
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After the execution of gift deed the title of the property is transferred instantaneously to the donee. If the gift deed is unconditional then the title has passed irrevocably to you. 
Ashish Davessar
Advocate, Jaipur
18061 Answers
446 Consultations
5.0 on 5.0

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