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Can a property transferred by way of gift deed be challenged


07-Aug-2023 (In Property Law)
Hi, my father has 2 children. My sister and I. My parents are separated and my sister has sided with my mother. They are fighting a divorce and maintenance case currently. My father wishes to gift to me his only ancestral property to ensure that my sister does not file for a claim on that. All his other properties are self acquired and not ancestral and we have been advised that she cant legally claim any part of those. My question is that if we get the Gift deed registered property. Can my sister challenge it in court later claiming that her rightful share was not given or is my father able to execute per his wishes? Many thanks
Answers (3)

Answer #1
538 votes
I understand that you are a hindu. If that is the case, your father cannot gift an ancestral property to you, even by a registered deed. Your sister could still successfully challenge that and seek her share in the property.
Answer #2
542 votes
Dear Sir/Madam
As shared by you about your query.
Yes your father can transfer the title of his self acquired properties by way of registered gift deed and your father can also gift you his undivided share of ancestral property way way of registered gift deed. Your sister will not have right or locus to challenge the same before any court of law.
Answer #3
911 votes
Hi,
Yes, you may register a gift deed. If the property is self acquired, then there shall not be any issue. Your father may write a will also, stating that during his lifetime, the said property has been gift deed to my daughter namely__, further, i do not wish to give any of my left over movable or immovable property to anyone (your sister/mother) and give all the property to you.
For more information feel free to have a word with me.
All the best.

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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