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Home / Legal / My Grandfather had passed away.He had 2 sons. He made a gift deed to transfer the property to one of them. Can the second person file a complaint?
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My Grandfather had passed away.He had 2 sons. He made a gift deed to transfer the property to one of them. Can the second person file a complaint?

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0 2024-10-29T13:10:01+00:00
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In India, the validity of a gift deed and the ability of an aggrieved party to challenge it depend on several factors, including the terms of the deed, the circumstances under which it was executed, and the applicable laws. Here’s a breakdown of the situation regarding your grandfather’s gift deed:

1. Nature of the Gift Deed

  • A gift deed is a legal document that allows the transfer of ownership of property from one person to another without any exchange of money.
  • For the gift deed to be valid, it must be executed in accordance with the legal requirements under the Transfer of Property Act, 1882:
    • It should be in writing.
    • It must be signed by the donor (your grandfather) and the donee (the son who received the property).
    • It must be registered with the appropriate sub-registrar if it involves immovable property.

2. Right of the Second Son

  • Challenging the Gift Deed: The second son (the one who did not receive the property) can file a complaint or challenge the gift deed, but he must have valid grounds for doing so. Possible grounds include:
    • Lack of Capacity: If the grandfather was not of sound mind when he executed the gift deed.
    • Undue Influence or Fraud: If the gift was made under coercion, undue influence, or fraud by the donee or others.
    • Failure to Follow Legal Formalities: If the gift deed did not adhere to the legal requirements (e.g., it was not registered).

3. Legal Process to Challenge the Gift Deed

  • Filing a Suit: The second son can file a suit in a civil court seeking to set aside the gift deed. The court will examine the evidence and the circumstances surrounding the execution of the deed.
  • Seeking Legal Counsel: It is advisable for the second son to consult with a lawyer who specializes in property law to evaluate the strength of his case and guide him through the legal process.

4. Family Arrangements

  • Negotiation: Sometimes, disputes can be resolved amicably through family discussions or mediation. It might be worthwhile for both sons to discuss the situation before escalating it to legal proceedings.

5. Legal Heir Rights

  • Inheritance Rights: If your grandfather passed away intestate (without a will), both sons would generally be considered legal heirs to the property, which may provide further grounds for challenging the gift deed.

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Advocate Apurva

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