Can sister claim the property in my name received through gift deed

664 votes

If the property is self acquired then the bequest in favour of your mother is valid and her gifting the property to you is legal. His sisters can challenge the Will on the ground that the property is ancestral or bought from detriments of joint property.

Advocate Rajesh Rai LawRato

817 votes

Will lost its sanctity the moment, Sale Deed was executed. Right and power to sell any immovable property depends upon the nature of the interests in the subject matter property of the transferor. Sale Deed or Gift deed are meant to transfer the interests in the property for absolute transfer of the land. That can be challenged only if the transferor's rights and interests are found to be defective etc. The property which is not transferred by way of Gift Deed or otherwise, can be claimed by all interested persons on death of the mother. Further detailed answers can be given only after going through the entire material facts n documents.

Advocate Shankar Kumar Jha LawRato

923 votes

Oh yes ... Let me make it simple for u. Your grandfather who had made a will but before death he transfered the said property to your mother by way of sale deed. Therefore, the will pertaining to the said property has become infructuous. The said property is legally owned by your mother now if it has been executed in a legal manner which I cannot comment as u have not mentioned in your query. Now coming to the point that do ur sisters have right in the property. Yes your sisters being legal heirs of your mother are entitled to share in the said property. However, they cannot claim share in the floor which has already been gifted to u by your mother vide Gift Deed ( again if it has been executed legally ).

Advocate Bhavuk Sharma LawRato