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Gift of Cash by bank transfer to son & daughter in-law


07-Aug-2023 (In Family Law)
My father gifted me and my wife Cash amount through Bank RTGS in June 2022. We also got the gift deed on stamp paper signed both by me and my father and notarized as well. My father passed away in April 2023. Now my younger brother is asking the 50% share of the gift amount. He is showing one letter written by my late father that gifted amount be divided between we two brothers. This letter was never delivered to me during father's lifetime. Please advise if my brother's claim is legal valid
Answers (3)

Answer #1
905 votes
hello sir as per your query I would suggest you that if the gift deed is executed before the registrar then also it can be challenge it before the court of law sighting reasonings for cancellation of this gift ,secondly if it executed before the sub registrar it stands as an authentic document for ownership . for further information on your query get back to me on my registered mobile number with Lawrato.
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Advocate Neelam Singh

Adv. Neelam Singh

LawRato Lucknow | 200+ Answers
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Answer #2
830 votes
yes gift deed can be challenge only if it is vitiated or not properly executive. it is same like sale deed. if challenged then it is not maintainable. for more detail contact me Advocate Ranjeet Sonker Allahabad high court
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Advocate Ranjeet Sonker

Adv. Ranjeet Sonker

LawRatoAllahabad | 100+ Answers
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Answer #3
931 votes
Yes, they have the right to claim in that case. Basically, they have right all over the assets. Whatever belongs to your father, and they also have evidence, so definitely, he will claim his rights all over the property's.
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Advocate Anurag Bhatt

Adv. Anurag Bhatt

LawRatoAllahabad | 700+ Answers
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