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What to do if registered gift deed is challenged in court
21-Jun-2023 (In Documentation Law)
my grand father gifted part of his property to me by registered gift deed. two years ago, which i done mutation in mcd office also. my grand father has 3 sons, 2 daughter. in his old age i m looking after him of all his needs. so he gifted me some part of property, rest of property has a registered will also, in will same part of property is on my name also, but to make more lawful, my grand father gifted to me that part. As he is still alive, he wants to know, can any of his sons & daughter can challenge that gift deed. He doesnt want anyone challenging my right on the property, after his death. Is there any more document which can be saved? This property is freehold, self earned property of my grand father...as mentioned by many lawyers that registered gift deed can be challenged, then what is the best way to safeguard my interests?
Even though a gift deed and a valid will if executed properly is a proper document to pass on the title of a property, in most cases its validity is challenged by the other surviving legal heirs. In case you wish to make it full proof, there are some other documents such a General Power of Attorney and Agreement to sell etc. that can also be executed in your favour to ensure that your right in the property is absolute and no one else has a right to challenge the same. Also, there are some pre-requisites to executing a will and gift deed as if not executed properly and in accordance with lawm these documents will have no value. To provide you further help in this matter, I will need to examine the documents already executed in your favour and provide you with some additional documents that you can get them executed in your favour so your ownership is secure.
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Adv. Prachi Narang
Delhi | 25+ Answers
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If the property is the self earned property of your grand-father, he can very well will it as per his wishes.
You can consider getting a settlement agreement signed between all your grand-father's heirs (including you), which records the terms of the will in the form of an agreement. If everyone signs and agrees to the desires of your grandfather in the agreement, it will be difficult for anyone of them to challenge them later.
You can consider getting a settlement agreement signed between all your grand-father's heirs (including you), which records the terms of the will in the form of an agreement. If everyone signs and agrees to the desires of your grandfather in the agreement, it will be difficult for anyone of them to challenge them later.
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Adv. Ankit Bhasin
Delhi | 25+ Answers
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You can get disclaimer deed registered before a sub-registrar from other legal heirs who might have interest in it. This basically mentions no objection from their side and an achknowledgment that they accept the gift to you.
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Adv. Deepanshu Garg
Delhi | 100+ Answers
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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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