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Father made gift deed in my name now siblings asking for share


19-Apr-2023 (In Property Law)

My father has gifted me a land that was self acquired by him and i did registered it in 2010. My father passed away in 2015. Now my siblings are sent a court notice for a share in the property and they are asking court to cancel the registration because at the time they are saying that my father was mentally unstable which is not true. They have also said that taxes are still in my father name but actually it is in my name. My mom is alive and she is in favor of me. Also me and my father went to the sub registrar office and registered it in front of registrar

Answers (2)

Answer #1
978 votes
Hi,
Once a gift deed is registered only the donor can cancel it and that too he should do it within 3 years from the date of registration. Now that the registration was done 5 years ago even your father if he was alive cannot cancel the gift deed. Now that he has passed away, the gift deed cannot be cancelled in any circumstances. So no worries.
Answer #2
534 votes
As the property was self acquired by your father, the gift was registered, it is valid.

It seems that you have a strong case and contest the case with all these details i.e, submit the tax receipts etc., and you will win the case.

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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