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Got gift deed. Father passed away. Can the property be gifted again?
09-Oct-2023 (In Property Law)
My grandmother made a gift deed in favor of father, but my father did not make any change in the tehsildar office or registrar. Now father passed away recently. Now my father's step sister moved in with my grandmother and we suspect that she is planning to take the property. Can she do that? What should we do to protect our interest?
Dear Sir,
Legally the property should devolve into you. You can take am injunction from court of you doubt that they are planning to do such a thing.
Secondly you also would require a succession certificate to claim this property.
Feel free to revert in case of further clarifications.
Legally the property should devolve into you. You can take am injunction from court of you doubt that they are planning to do such a thing.
Secondly you also would require a succession certificate to claim this property.
Feel free to revert in case of further clarifications.
Helpful?
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What is the Supreme Court Judgement on registered gift deed?
It is useless if the recipient dies before accepting the gift, as it is a bi-lateral transaction between two people. The acceptance of the gift is required before the donor dies or loses his/her ability to give gifts. In this Supreme Court judgement on the Gift Deed, it was stated that acceptance of gifts must be completed before the donor dies or loses his/her capacity to make gifts.
Can gifted property be taken back from brother?
You cannot claim the gift. It is the property of your brother if the gift transaction between your father and your brother was completed in a legal manner. Anyone can give their property to anyone they like.
Can we take back gift deed?
According to Section 126 of the Transfer of Property Act (TPA), the gift may be revoked if certain conditions are met. Revocation is based on the following elements: The Gift Deed must be cancelled if both parties agree after the fact.
Can gifted property be taken back by parents?
The Indian High Court has ruled that parents have the right to take back their property. The nature of the gift and the applicable legal provisions, as well as the conditions and terms under which it was given, will determine whether parents can take back their property. 31-Oct-2022
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