• Gift Deed question

Hello,

First of all thank you all for helping people thru the portal.

Please help me with the below situation.

My Grand mother used to own 10 acers of land, she transferred the property to my two aunties(her daughters) in 2008 as a gift deed without my father knowledge (her son). the gift deed has been registered but they do not have land passbooks yet.

My grand mother died last year (2015), its been a year now my aunties applied for land passbooks in thasildar's office. there my father came to know that last was gifted to my aunties.

My father is worried, he is cultivating that land from many years.

is there any way to fight this situation? Please help.  

Thank you,
Your sister from ANDHRA PRADESH
Asked 1 month ago in Property Law from United States
Religion: Hindu
1. If the gifted land was the self acquired or separate property of your grandmother she was at liberty to gift, sell or bequeath or mortgage it during her lifetime. The right of a title holder to deal with his property in the manner desired by her is unquestionable. 

2. The donees i.e daughters of your grandmother have the remedy of filing a suit for recovery of possession against your father as the possession given to your father was only permissive in nature.

3. Your father can claim a share in the land he has been cultivating if he can prove that it was ancestral property which could not have been gifted by his mother.
Ashish Davessar
Advocate, Jaipur
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was it grand mother self acquired property? 

what is the source of funds for purchase of the property.? 

was your grand mother working or a house wife? 

it is necessary to know the  details of acquisition by grandmother of property to advise 
Ajay Sethi
Advocate, Mumbai
23119 Answers
1214 Consultations
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Hi
It is unfortunate th at your dad didn't know about the gift deed what his mother made.
Gift deed is an absolute title deed once it is registered by the parties.so nothing can be done to cancel it unless the Donor prove fraud in forcing to sign the Giftdeed.your grand mother being the Donor is not alive and  Donors are at advantage being her legal heirs with an absolute.title documents
For the cancellation of agift deed one/Donor has to get a court order.by convincing the court of fraud or force.I n your case it is not.possible and it is advisable th at your Father prepare to hànd over the possession as no legal step càn be taken effectively to stop the property going to his sisters.
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
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On partition of land your grandmother would be absolute owner of her share of land 

2) grandmother can execute gift deed of her share of land in favour of her daughters 

3) you can move court to set aside gift deed but it has to be proved that gift deed was executed under undue influence or coercion or that grandmother was not mentally fit as time of execution of gift deed 
Ajay Sethi
Advocate, Mumbai
23119 Answers
1214 Consultations
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1. The land belonged to your grandmother and she was the absolute owner of the said 10 acres of land.

2. Being the absolute owner of the land, your grandmother had the right to convey the title of the said land to any body she wishes to including her two daughters for which you should have no complaint and your father's consent is not required to be taken by your grans mother while transferring the title of the said land.

3. However, if you think that your grand mother was coerced in to registering the said gift deed, then chlannenge the said gift deed in the court of law.  
Krishna Kishore Ganguly
Advocate, Kolkata
12043 Answers
228 Consultations
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1. Since it was your grand mother's self acquired property, she was entitled to deal with it in any way she felt like.

2. You can challenge the said gift deed if you feel that it was registered under coercion. 
Krishna Kishore Ganguly
Advocate, Kolkata
12043 Answers
228 Consultations
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Your grandmother was free to gift her share in the land which was originally acquired by her husband. 
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
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If the property belonged absolutely to your grandmother alone, then she had full rights to transfer the same to her daughters alone leaving behind your father.
Since when on is your father doing cultivation in it, is he having documentary evidences in his possession for the cultivation activities?
For the present let him file an objection before the land revenue authority for giving patta on their names and also file a partition suit seeking his share,let the court decide about its maintainability. 
T Kalaiselvan
Advocate, Vellore
13934 Answers
127 Consultations
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This is not my grand mothers self acquired property, My grand father bought this property he used to own it. upon his death land was divided, some land registered on my father and some on my grand mother.

She used to be a house wife, she do not have any source of income and Both of my aunts got married 35yrs ago


If your father was allotted his share in the property and this was our grandmother's share, then she becomes the absolute owner of her share, therefore her gift deed to your aunties cannot be challenged, however let your father first send a legal notice claiming his relief.
T Kalaiselvan
Advocate, Vellore
13934 Answers
127 Consultations
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