Can a gift deed be challenged.........................................


When my grandfather (HINDU) died, he has 3 sons and 2 daughter. There was no proper will made by him. After few years 2 brothers and both daughters gifted the property to elder brother. There was no consideration and deed was properly registered. This happened in 2007. There is no clause as per sec 126 of Transfer property act which makes any condition for revocation. After 10 years can they challenge the gift deed individually or all together? can misappropriation be a ground for it? If they can challenge it is there any solution to it? such as transfer of gifter property? THANK U

Answers (1)


345 votes

As the revocation deed was properly registered, it will be very difficult for 2 brothers and both daughters to challenge the same now. The elder brother in whose name the revocation deed was registered had already become the absolute owner in 2007. Now it will be a futile litigation on the part of others to question the deed which was signed by themselves and properly registered with the registrar's office. No misappropriation can be a ground for such challenge.


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