Sujay Mujumdar
in Family Law Property Law Civil Law
Asked September 13, 2017

Gift deed challenged

  • 1 Answer

My grandfather had bought a property in his name from his earnings, he expired in 1984 and has 2 son and 2 daughters. After that in 2002 the property was transferred in my grandmother's name (widow) and heirship certificate was obtained by paying stamp duty and registration charges. In 2016 my grandmother executed a gift deed in the name of my father and uncle and registered it at sub registrar's office. Now the 2 daughter's have challenged the gift deed saying that my grand mother has no right to execute the gift deed. My grandmother said she had acquired the signatures of her both son and daughter to transfer the title into her name I am not sure whether it was a Relinquishment deed or NOC. Can the daughters claim their share in this case? Does my grandmother has right to execute gift deed to my dad or uncle after the transfer of title?

Answer 1

Relinquishment deed or NOC, both would be an effective means for the transfer of title in your grandmother's name. If it was a NOC whereby the sons and daughters agreed to such transfer of title then they cannot deny the same at any future date. In the present case, if the transfer of title was via a valid document - relinquishment deed or NOC - then your grandmother has absolute right over the property and hence, can execute a gift deed to your father or uncle without any lawful interference by her daughters.

Agree Comment 0 Agrees about 4 years ago

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