Gift of Movable assets ( cash amount transferred by bank RTGS)

Question

Gift of Movable assets ( cash amount transferred by bank RTGS)

08-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 (5)

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Advocate Jitender Singh LawRato · Accepted Answer · 2023-08-08T08:35:06+05:30

Answer #2

In your case obviously the notarized gift deed will prevail because it's a government document with all the stamp duty paid. As far as the letter is concerned it's of no value in the court as its authenticity is disputed. If he's creating trouble then you can always serve him a legal notice regarding your grievances so that in case he moves to the court you should have something in your hand that you informed about the situation. For more legal assistance I am just a call away.

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Advocate Abhinav Sharma LawRato · Accepted Answer · 2023-08-08T10:31:04+05:30

Answer #3

Dear Client Please check the dates on both documents, in case the later is a Will has it been registered ? Is the gift deed ammended by way of another document which your brother has, if it’s a forged document, you can take action to declare it null and void. Feel free to get in touch to discuss further. Regards.

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LawRato LawRato · Accepted Answer · 2023-08-08T13:53:01+05:30

Answer #4

if the date on the gift deed is previous to that on the letter then the gift deed will be valid else the letter will be valid your brother's claim may hamper your chances of he can prove it to be made earlier than the gift deed letter. Get in touch with an advocate to understand the matter clearly.

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Advocate Maaz Akhtar LawRato · Accepted Answer · 2023-08-11T12:27:47+05:30

Answer #5

There is a possibility that such letter is forged. The law of gift says once given cannot be taken back and that there can be no conditions to it. Transfer should be absolute. Once you father gave it to you, its no longer his, so how can he and in what capacity he can ask you to share the money between brothers which doesnt belong to him. Therefore such a document is void, illegal, cannot stand in law. Your brothers do not have any right to recover it from you anything of it legally.

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