Lawfarm Team
in Property Law Family Law Contracts Law Civil Law
Asked June 02, 2016

How to avoid relatives challenging registered gift deed?

  • 4 Answers

my grand father gifted part of his property to me by registered gift deed. two years ago, which i done mutation in mcd office also. my grand father has 3 sons, 2 daughter. in his old age i m looking after him of all his needs. so he gifted me some part of property, rest of property has a registered will also, in will same part of property is on my name also, but to make more lawful, my grand father gifted to me that part. As he is still alive, he wants to know, can any of his sons & daughter can challenge that gift deed. He doesnt want anyone challenging my right on the property, after his death. Is there any more document which can be saved? This property is freehold, self earned property of my grand mentioned by many lawyers that registered gift deed can be challenged, then what is the best way to safeguard my interests?

Answers 4

Anubha Yadav

The said property of your grandfather is his self-acquired property and therefore he has the complete right to give away his property the way he wants by executing a gift deed. As per Section 122 of the Transfer of Property Act, 1882, a gift must be given voluntarily and without consideration where the donee must accept the property. If any of these conditions are not satisfied then the gift will be considered invalid and can be challenged. The legal heirs of your grandfather will have to prove before the Court with adequate evidence that these conditions were not satisfied to challenge the gift. A gift deed can be challenged if it is proved that the gift deed was executed by your grandfather as a result of fraud being practised on him or as a result of misrepresentation of facts or under undue influence or that he has not exercised his free will to execute the said gift deed. Much like the previous point the point can be proved only if your relatives have adequate proof to establish these claims before the Court. 

As per Section 17 of the Indian Registration Act, 1908, a gift of an immovable property must be registered. If the gift deed executed by your grandfather is not registered or is registered without the payment of adequate fee then the relatives can challenge the deed before a Court.  Also once a gift deed is registered, it cannot be unilaterally revoked. In case your grandfather wants to revoke the gift deed drawn in your favour he has to go to court and seek the cancellation of the deed.

In your case it would be suggested that if it is possible you can try and obtain an affidavit from other relatives stating that they have no objection with the said transfer of property.

Agree Comment 0 Agrees about 6 years ago
  • Default avatar
    very grateful for your precious advice. Sirs, this gift deed is registered with registered office with full stamp duty paid, i know, my relatives who were deprived of getting share n property, will deffinatly attempt to file a case n court, & they will not give me affidavit at any part, so to secure my gift deed, what else i can do, as if my grandfather s still alive,( He want this gift deed to be un chanlengeable by anyone, as this is his hard earned proprety by him, as i m only one to take care of him in his old age) is there any affidavit which i can take from him duly signed that its not fraud being practised on him or as a misrepresentation of facts or under influence or that he has excercised his free will, no one execute that said gift deed.
    Agree 0 Agrees almost 6 years ago

As such no other document is required. Gift in itself is a valid document to confer title. Gift deed can be get registered to remove all doubts.

Agree Comment 0 Agrees about 3 years ago

As such no other document is required. Gift in itself is a valid document to confer title. Gift deed can be get registered to remove all doubts. Your grandfather can also obtain affidavit from his legal heirs confirming the execution of gift in your favour. As such no NOC is required by an owner to execute gift, WILL or sale etc. Legal heirs does not have any independent right during the life of owner. 

Agree Comment 0 Agrees about 3 years ago

As per section 122 of the Transfer of Property Act, acceptance of gift is must by donee. Once it is accepted by donee the gift is valid and no question of asked share by legal heirs. So in your case you need not worry and your gift deed which is executed by your grand father is registered. 

Agree Comment 0 Agrees almost 3 years ago

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