If a mother transfers a property to her son A in the form of a gift deed without the information of the Siblings, can B, C and D the siblings challenge the gift deed?
Asked in Property Law from Mumbai, Maharashtra
is the gift deed duly stamped and registered ? if so on gift deed being made son A becomes absolute owner of the property . B C and D will have to make out a case that gift was vitiated by fraud /undue influence . they will have to move court in this regard for necessary reliefs
If the property which has been transferred by the mother to her son is her self owned property then her other children have no right to claim any share therein. The mother is under no obligation of law to disclose to them about her making a gift deed in favour of one of her children.
if the property is the self acquired property of the mother, then she can execute any document in any body's favour. however, if you are not satisfied about the same, then you can challenge the same and obtain your share in the court of law.