My father who is in his late 80's has given me his 300 gaj house to me through gift deed, general power of attorney and Will as made by my lawyer on 21st april 2016. we are three daughters of my father but i am residing with my father along with my husband and children for last 30 years and my other sister had visited here not more than 15 times in last thirty year. Now what if my other sisters come to know about gifted property and i am worried what if my father changes her mind in emotion .What can i do to safegurd property given to me due to all my services. In case he did not change his decision but allow them to reside here should i allow it to happen without getting them know about my ownership of property .IF this will hurt my interest in long term?What should i do in that case.?
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Once gift deed is executed duly stamped and regd you woukd be absolute owner of property
2) gift deed cannot be revoked by father
3) father would need court orders to set aside gift deed
4) father cannot change his mind
5) you should not object to sisters staying in said house
If he has given the property through a registered gift deed and the property is his self acquired one then your sisters could not do much.
However to safeguard this you may better avoid them staying in the property for long.
Another option is to sell this property and buy a new one in your name.
1. You have a gift deed and also a will executed in your favour. The owner of a property has an indefeasible right to gift or bequeath his property to anyone he desires during his lifetime. So let your sisters come to know about it. If they go to court to challenge the disposition made in your favour then you may fittingly contest the suit.
2. If the unconditional gift deed has been executed then the title has already passed to you, as a corollary thereto you can file a suit for eviction of your sister if they are permitted by your father to reside in the property.
You have stated that your father transferred his property to you by gift deed, power of attorney deed and will.
What was the necessity to do three kinds of transfer.
Please be aware that the power of attorney deed will not confer title to you.
The will shall become enforceable only after the lifetime of your father, that too if the other heirs object then you may have to file a probate petition before a competent court to get grant of probate of the will to make it valid.
Thus the registered gift deed shall only be the legal solution to this problem.
Once a registered gift is executed in your favor, it cannot be revoked even by the donor.
But the donor should have marketable title over the property he desires to transfer it vide a registered gift deed.
Once a gift deed is done in your favor, you can transfer the revenue records and all other records in your name indicating that you have taken possession of the property accepting the gift deed made in your favor.
This shall forbid your sisters to file any case against you and even if they file it may not be maintainable in law.
Dear Concerned,
a) Transfer of ownership through GPA(general power of attorney) unless registered does not hold any value,given judgement of hon'ble Apex Court in October 2011. Hence, GPA can always be cancelled/challenged.
b) To take care of your interest it is suggested to get these documents (gift deed, GPA, Will) registered and stamped properly. Once the property is registered on your name your father will not be able to cancel the registered document and your sisters will have to deal through long legal battle to claim their share in this property.
c) These kind of facts cannot be hidden/will not stay secret for a long time. As a matter of right the way you are staying in your father's house, your sisters can also come and stay but if the gift deed is registered and property is transferred on your name , you deserve the right as to who stays in your house.
Best Of Luck - Stay blessed.
