• Gift Deed objection

Hi, I have a query regarding a gift deed. My parents has two kids, me and my brother. we are residing in a property which belongs to my grandmother who is alive. My parents has a belief that daughters doesn't belong to family anymore after marriage. Hence, they don't want to give share in property. 

Now, secretly they have convinced my grandmother to write gift deed to my brother which should be written in such a way that i should have any rights on that.

I am not married, will be getting married in next 5 months. 

Is there anyway i can stop this legally and put objection in sub registrar office on stopping this registration of gift deed.

I feel this is injustice they are doing to me, just because i am a girl.

Please advice.
Asked 1 month ago in Property Law from Bangalore, Karnataka
Religion: Hindu
your grand mother is absolute owner of property 

2) she can transfer property to your brother by gift deed . 

3) it should be duly stamped and  regd 

4) you cannot stop registration of gift deed 
Ajay Sethi
Advocate, Mumbai
23143 Answers
1215 Consultations
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1) in case gift deed is executed and your grand mother is not of sound mind gift deed executed by grand mother can be challenged i court of law 

2) however please note that even if gift deed is set aside by court of law ,  on grand mother demise property would devolve on grand mother children ie your father as son and his siblings 

3) you would not inherit any property as you would have no rights on property during your father lifetime 

Ajay Sethi
Advocate, Mumbai
23143 Answers
1215 Consultations
5.0 on 5.0
This is your grandmother's self acquired property which she is free to sell, gift or mortgage to anyone. The only ground on which you can challenge the deed is that the gift deed is executed without free consent of your grandmother which you will have to prove
Ashish Davessar
Advocate, Jaipur
18061 Answers
446 Consultations
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1) what is source of funds for purchase of property by grand mother? 

2) was your grand mother working or an house wife? 

3) was property purchased by grand father in grand mother name ? 

4) if so it can b argued property was bought for benfit of joint family and grand mother was mere trustee and could not have executed gift deed in favour of your brother 
Ajay Sethi
Advocate, Mumbai
23143 Answers
1215 Consultations
5.0 on 5.0
You cannot stop her from executing the gift deed but you can challenge it if you have evidence to prove that she was not of sound mind while executing it. 
Ashish Davessar
Advocate, Jaipur
18061 Answers
446 Consultations
5.0 on 5.0
1. The property belongs to your grandmother and she can do whatever she feels like doing with her said property without consulting or in consultation with any body she feels like for which you can not raise any objection whatsoever.

2. Your father, brother and you have no right, title and interest on the said property of your grand mother.

3. You can not legally stop registration of the said gift deed to be executed by your grandmother in favour of your brother.

4. The only remedy lying before you to stop registration of the said gift deed is to pursue with your grandmother for including your name as one of the donees along with your brother.
Krishna Kishore Ganguly
Advocate, Kolkata
12043 Answers
228 Consultations
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1. You shall have to collect evidence that she is not in her proper mental state required to execute a legal document like gift deed.

2. After the gift deed is registered and after her demise, you can challenge the said gift deed fon grounds mentioned above.

3. You can collect the certified copy of the title deed from the Registrar's office for your perusal and record.
Krishna Kishore Ganguly
Advocate, Kolkata
12043 Answers
228 Consultations
5.0 on 5.0
1. You can not stop the said registration of the gift deed now on the ground that she is not in her proper mental state due to old age since it will immediately be proved by her by submitting a doctor's certificate that she is in her perfect mental state.

2. You have no other ground to object to her registration of the gift deed since it is up to her wish to decide whom she will gift her said property.

3. If a doctor is kept as witness in the said gift deed to be registered, then your planned ground to challenge the said gift deed later on also will have no leg to stand.

4. However, only on the ground that the said gift deed was managed to be executed and registered by your brother or parents in favour of your brother under coercion or that your grand mother was old enough to be mentally incapable of executing the gift deed, you can challenge the said gift deed after the demise of your grand mother. 
Krishna Kishore Ganguly
Advocate, Kolkata
12043 Answers
228 Consultations
5.0 on 5.0
I am not married, will be getting married in next 5 months. 
Is there anyway i can stop this legally and put objection in sub registrar office on stopping this registration of gift deed.
I feel this is injustice they are doing to me, just because i am a girl

You have mentioned that this property belongs to your grandmother, if that is the case then even your own parents do not have any rights in it.
This property shall be your grandmother's own and absolute property by which she can transfer or settle the same to any person of her choice and in any manner.  
No third person has any rights over it nor can dictate her to  give them a share on any count. 
Therefore instead of fighting it legally, you may approach the issue with passion which may benefit you.
T Kalaiselvan
Advocate, Vellore
13944 Answers
127 Consultations
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There is one catch here, we have lost all our property documents which was in our grand mother name. More over she her age is more than 85. Her mental stability is not good. What can we do in this case.

If it is her own property only she can decide about giving it or transferring it to anyone's name of her choice, you cannot quote any reason for getting a share out of it. 
If she is mentally not sound and you have certificate for it, then she has to be first declared as mentally unsound person by filing a petition before court competent and also to apply for court guardianship for taking care of the properties on her name.
If she dies intestate then the properties on her name shall devolve on her own legal heirs and not on her grandchildren. 
Consult a local advocate for any other remedy to it. 
T Kalaiselvan
Advocate, Vellore
13944 Answers
127 Consultations
5.0 on 5.0
what should i prove to challenge this deed. I really need help in stopping this. I am sure there will be one or other option. 

Legally you are not entitled to any right in the property hence any move you may plan in this regard may draw an adverse impact and you may not be successful, hence decide practically.
T Kalaiselvan
Advocate, Vellore
13944 Answers
127 Consultations
5.0 on 5.0

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