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Can a gift deed of land property to the sons be cancelled ?
20-Jun-2023 (In Property Law)
I had a land property of 39 decimals with a building of 2000 sq feet. Land was purchased and the building was constructed in the year around 1965 by my husband. My husband who was Railway Employee in a responsible post has died in 1970 leaving behind me and 5 daughters and 3 sons aged around then eldest 16 and youngest 2 years. My 4 daughters and 3 sons are married and well settled. Without clear knowledge of me and my eldest son, my other two younger sons has managed to get a gift deed around two year ago duly planned inconnivance with my second and third daughters and their husbands. I was dissatisfied. After that my two younger sons without discussion with me and my eldest son has demolished the old house building and constructed a large two storied building of 2200 sq feet and destroyed rest of the land which is lying vacant. Now I am in distress, misery for myself / one unmarried daughter's shelter, care and livelyhood are uncertain as understood by their activities. (HINDU)
Dear client,
As per the details provided by you I would suggest that it is important that who has executed the gift deed, if your husband has not executed any gift deed then you along with with your daughters and sons are the equal share owner in respect of the property left behind by him and without signature and consent of each everyone nothing can be done in the said property and if any thing is done that will be illegal and not binding upon. You can claim damages for the said demolition done without your permission and you can also seek your share in the said property by way of partition. More elaborate suggestions can be given upon knowing the whole facts and upon going through all the documents.
As per the details provided by you I would suggest that it is important that who has executed the gift deed, if your husband has not executed any gift deed then you along with with your daughters and sons are the equal share owner in respect of the property left behind by him and without signature and consent of each everyone nothing can be done in the said property and if any thing is done that will be illegal and not binding upon. You can claim damages for the said demolition done without your permission and you can also seek your share in the said property by way of partition. More elaborate suggestions can be given upon knowing the whole facts and upon going through all the documents.
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Adv. Vikram Ojha
Kolkata | 200+ Answers
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you and your daughter who has been deprived from the end of your sons have a rightful claim over the land and property living behind your husband who dies intestate. Hence question of legal holding of right over the land could not arise at all. Seek appropriate advise through a good lawyer in the matter.
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Adv. Mahesh Kumar Joshi
Kolkata | 200+ Answers
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The property papers are to be seen that after the death of your husband in whose name the property registered before the relevant registry office and also the municipal corporation in respect of the property tax bill. Further a challenge to the gift deed is to be made however the time to file an application for cancellation and challenging the deed of gift is 3 years from the knowledge of the gift.
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Adv. Alakananda Das
Kolkata | 100+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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