Validation of gift deed and ground of challenges
02-Jun-2023 (In Property Law)
Sir, a year ago my father transferred our home to me through gift deed, which he bought. The said property was not inherited by him. All these was done in the court premises in present of my mother and a close friend, as they were witnesses of the property transfer registration without knowledge of my siblings. Mutation has not been done. Recently my siblings want to get a power of attorney from my father to them regarding the same property. And they are very desperate. Somehow (by threatening) they have managed to pressurise my father to say that he is ready for the power of attorney process, though he is not. I anticipate if my siblings come to know about the deed in the process of getting the power of attorney, They will challenge the deed. My father is very weak, and has recently been diagnosed with hydrocephalus. My mother is very frightened and not willing to cooperate and be present as a witness, if they file any case against me. On what grounds can the deed be challenged
Yes. They can challenged your deed. But right now you have a strong position. After registration you became the absolute owner of the property. So your father has no right to make deed of power of attorney as he has no right title interest over the property. So the power of attorney is void. If your siblings​ challenged the deed then you have to take a main plea that Registered documents is a presumption of truth.
Thank you
Thank you
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.
What is the limitation period for challenging a gift deed?
Do I have a time limit to contest a gift deed? Gift deeds can be challenged for up to 3 years after the date of execution, or the date the donee learns about it.
What is the validity of unregistered gift deed?
Indian law states that a deed not registered will be ineffective after 30 years. The Transfer of Property Act 1882 and The Registration Act 1908 both state that a gift of movable property may be made by a signed and witnessed instrument.
Can a gift deed be Cancelled after 15 years?
Gift of property is governed by legal provisions
The Indian Contract Act of 1872 governs gifts. The law states that any gift made to the recipient and accepted is final. 27-Mar-2023
Whether the property was inherited or not is of no importance as long as the property has been legally obtained by your father. In respect of the gift deed if it is properly registered before the registry office, then your siblings will have a difficult time to prove that it is false or has been done under undue pressure, however your siblings have a right tof challenge the same aname it is to be contested by you
Please don't mind , as per your statement , the crux of the issue is family fued.Any person mentally alert and sound, can gift his legal property to any legally eligible person of his choice following due process of law.If all requisite legal formalities were observed in the instant matter, any amount coercion from any corner can not put you in any adverse position.Still as a measure of abodoned caution,if so desire, you may show related documents to me lest you are put to trouble on account of procedural latches,if any.please obtain prior approval of lawRato in the matter.
After going through your query it appears to me that if the deed of gift is a registered deed of gift in that case your father has sezied to its right , title and interest from the date of execution of the said deed of gift. , no one has right to throw you from the property .
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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