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PLEASE GUIDE ME IN TERMS OF REGISTERING A GIFT DEED


08-Aug-2023 (In Civil Law)
WE HAD A PROPERTY( BUILDING) SIZE WAS 45/40. IN WHICH 15 /40 WAS ON MY MOTHER'S NAME AND 30/40 WAS ON MY FATHER'S NAME. AFTER MY FATHER'S DEATH THE PROPERTY ON MY MOTHER'S NAME WAS GIFT DEEDED TO FOUR DAUGHTER'S AND THE PROPERTY WHICH WAS ON MY FATHER'S NAME WAS GIFT DEEDED TO ME BY MY MOTHER WITH THE CONSENT OF ALL FOUR SISTER'S IN FRONT OF SUB REGISTAR WHICH HAS BEEN REGISTERED WITH ALL THE FOUR MEMBERS SISTER'S SIGN, THUMB AND PHOTO IN FRONT OF REGISTAR. THE GIFT DEED WAS DONE ON THE SAME DAY ONE AFTER THE OTHER. NOW OUR SISTER'S HAVE CLAIMED A CASE IN CITY CIVIL COURT AS THEY REQUIRE THE SHARE IN FATHER'S PROPERTY ALSO. WILL THIS CASE WITH STAND. HINDU
Answers (2)

Answer #1
775 votes
This case will not stand at all, as they have consented that too before sub registrar which cannot be disproved, further as the gift deed is by registered deed there is presumption that it is genuine, further they should have challenged the gift deed at the earliest point of time and if any fraud was played on them they should have filed a complaint at the earliest, further in order to dismiss it earlier, see points of dismissal on point of limitations as the gift deed should be challenged within 3 years of execution, further see whether they have paid full court fees on present market value, there are many points, if you need any further advice you are free to contact me.
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Advocate Bharat Narasgouda

Adv. Bharat Narasgouda

LawRato Belgaum | 25+ Answers
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Answer #2
885 votes
It depends on the facts and circumstances of your case. As per Hindu law, both the male and female have equal rights over the property and upon the death of the male Hindu, succession will take place as per section 8 of Hindu Succession Act.
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Advocate Sadanand Naik

Adv. Sadanand Naik

LawRatoBangalore / Bengaluru | 200+ Answers
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