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Can daughters challenge gift deed
23-May-2023 (In Property Law)
My Nani maa expired on 15th Dec 2015 leaving 4 daughters 1 (late)Son. All are married. Gift deed executed in favour of 1 Daughter only. Other three Daughters went into appeal. three Daughters decided to go Court :my questions are 1. Can sister take objection for gift deed and such gift deed can be revoked in the future. 2. Is it beneficial to do probate to avoid future litigation 3. Is there any time limitation for revocation of gift deed 4. Can i Challenged Gift Deed in Court. please let me know
If gift deed is registered. It has binding effect. Gift deed can be challenged only on the ground of forgery. If no ground is made out , the property belongs to the person to whose favour to gift deed has been executed. Probate proceeding will only come when there is any will in anyone's favour. You can challenge the gift only when you can show that that the gift deed was wrongly registered and for that purpose you have to make the party of concerned sub registrar. Revert me. All the best.
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Adv. Atul Patni
Delhi | 200+ Answers
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Main question to ponder- was this gifted property your Nani's self owned property or inherited property?
This is the basic question to be answered first to get the answre of your query- of gift being valid or invalid.
This is the basic question to be answered first to get the answre of your query- of gift being valid or invalid.
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Adv. Lata Lochav
Delhi | 25+ Answers
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Hi, please note that the details as provided by you are insufficient to provide you with appropriate advise. It is however, worth mentioning that it is possible to seek a declaration through court rendering an instrument, such as gift deed, null and void. It is also beneficial to get a probate done in case the testator has left behind a Will. Consultation advised.
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Adv. Puneet Kumar Agarwal
Delhi | 100+ Answers
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