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Need help regarding gift deed
20-Jun-2023 (In Civil Law)
My Grandfather did wasiyat of a shop in favor of my Father and my grandfather died in 2006. In 2016 my father did gift deed with his brother and gifted the shop to him. I want to know that whether this can be challenged or not? Now my father also wants to cancel the deed. One more thing is that My uncle ,to whom the property is transferred ,at the time of deed made a separate receipt on which it is written that my father has received 45 lakh rs cash. I want to know that is it possible my uncle can quote that receipt in court, as it would be black money.
Your fathar can very well challenge the gift deed saying it to be a forged one. But for that it shall be entirely upon you to prove that it is forged. Also u can file criminal complaint in that regard.
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Adv. Pankaj Chauhan
Mohali | 100+ Answers
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You are not having a chance to challenge the gift deed, even if you do your uncle won't produce becaude it would indirectly affect him. In the same way, if you request the court to direct your uncle to produce the said receipt then that too will indirectly implies that you himself executed the gift deed.
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Adv. Sarabjit Singh Cheema
Mohali | 25+ Answers
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The property in question is bequeathed to your father through will. If it is not ancestral and it is a self made property by the grandfather then you don't have any right over it. It depends on how much time has gone since the gift deed is made. If it was done in lieu of money Rs 45 lakhs then your case becomes further. You must take a professional advice since matter is much worth than the paid advice.
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Adv. Satish Mishra
Chandigarh | 100+ Answers
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