Giftdeed without taking probate, is it legal


My grandmother died woth a will ehere she gave the entire property to my father and fathers next warison..but my father did nt take probate to the said will.he said that my grandmother died intasted with will and 3of his sister gift the total property to my father with a giftdeed.then my father gift his all property to my sister and told me to vacant my room..is it legaly transfered?

Answers (3)


197 votes

It is obsrved from the query that all the legal heirs of your grandmother gifted their respective share to your father. thus your father became lawful ownner who gifted to your sister. its a lawful transfer'


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78 votes

Sir
It is a complex matter. Your grandmother made a will during her lifetime and the same was not probated. Then 3 sisters gifted their parental property share to their brother (your father). At that time none had brought any objection. I think the the 'will' is an unregistered one.
It will be hard for you to prove your case as your father and his 3 sisters will not adduce any evidence in your favour.
Though you can challenge the gift deed at par with 'will' of the testator. The onus will be on your shoulder to prove that the will was prepared by your grandmother.

Thanks.

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131 votes

Your entire query is contradictory and fraught with inconsistencies.Please make sure your that you have a case to get legal remedy. The law relating to transfer of property is very stringent.Conditions laid down in the relevant statute have to be duly adhered to.Therefore, study documents available with you and contact lawRato for further instructions.

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 Property Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or contact a Lawyer of your choice to address your query in detail.

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