85+ Lawyers are online 
Father gifted property to brother can I claim share
15-Jun-2023 (In Property Law)
sir,my father has 3 sons and one daughter and i am younger son. my father constructed house and registered on my mothers name in 1992. in 2005 my mother gifted it to my elder brother and registered it as gift deed with out knowing to me.there is normal communication between my father and me.my father expired in 2007 and my mother expired in 2016 march.recently i know about that gift deed.can i get share in this house. if yes how?please answer
Sir.
a. In the instant case, once gift is made and duly stamped and registered made by donor and accepted by donee the gift is complete. Gift Deed cannot be cancelled unless it is a conditional Gift,
b. The title to the property passes on the done donee is absolute owner of property
c. If gift deed was made by fraud, undue influence etc., move court to challenge the revocation of gift deed.
________________________________________
Krishna Murthy Pasupula| Advocate| Hyderabad|
a. In the instant case, once gift is made and duly stamped and registered made by donor and accepted by donee the gift is complete. Gift Deed cannot be cancelled unless it is a conditional Gift,
b. The title to the property passes on the done donee is absolute owner of property
c. If gift deed was made by fraud, undue influence etc., move court to challenge the revocation of gift deed.
________________________________________
Krishna Murthy Pasupula| Advocate| Hyderabad|
Helpful?
46+
46+
Adv. Krishna Murthy Pasupula
Hyderabad | 100+ Answers
CONTACT NOW
Hi
I presume you are a Hindu.
Under Hindu laws, a property in the name of a woman is her absolute property and she can deal with the property in any which way she wants.
from what you stated, the gift seems to be perfect in eyes of law.
secondly, since your mother is no more, then no one(including you) can challenge the gift.
thirdly, your mother executed the gift deed in the year 2005. if at all your mother wanted to challenge the gift, she could have challenged the gift deed within 3 years from the date of gift.
As per law, no challenge can be made to a gift deed after 3 years.
I presume you are a Hindu.
Under Hindu laws, a property in the name of a woman is her absolute property and she can deal with the property in any which way she wants.
from what you stated, the gift seems to be perfect in eyes of law.
secondly, since your mother is no more, then no one(including you) can challenge the gift.
thirdly, your mother executed the gift deed in the year 2005. if at all your mother wanted to challenge the gift, she could have challenged the gift deed within 3 years from the date of gift.
As per law, no challenge can be made to a gift deed after 3 years.
Helpful?
42+
42+
Adv. Rajagopalan
Hyderabad | 500+ Answers
Chat
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.
Connect with top Property lawyers for your specific legal issue
No Comments! Be the first one to comment.
"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."
