Gifted Property
2 years ago
I am a housewife and living with my husband and my girl child. My family have a property in heart of the chennai city which is 2532 sqft with G+ 2 floors of commercial spaces. Rent income is close to Rs.3.2 lac/m. This property was in 3 of my family members. Grandmother (mother of my mother), Mother and Father. The property was registered to 3 of them in different deeds by sharing the land. My grandmother gifted her share of land to my mother in 2016. Now my mother has two shares and my father has 1 share. Exactly after two days of registering gift deed, my mother gifted both the shares to my father and now my father is the only owner with 2 gifted shares and his original share. Both my grandmother and my mother died after a year of registration. My mother was diagnosed with breast cancer in 1990s and got cured. Later she became ill due to breathing issues and sugar complaints. She was admitted in hospitals for more than 3 years and never returned home. During her hospitalization, the gift deed registration happened. She was taken to registrar office in a wheel chair. Now my Father is trying to gift the whole property to my brother. I also have a younger sister and she also has a girl child. Our father dont want to give property share to us since we are girls and not worth managing a property. My question is, are the gifts valid, can we file a suit for null and void of the gifts, can this be a criminal offense discriminating women or is that our we sisters fate and let it go...? Please advise.
It needs a deep study with reference to document please consult local lawyer otherwise you may be mislead.
Vaidehi Samant
Responded 2 years ago
Ayantika Mondal @ Prime Legal
Responded 2 years ago
It is suggested that you contest the legitimacy of your mother's gift deed in favour of your father.
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It is certainly not a criminal offense because your father is entirely within his rights to transfer his property to anyone he wishes, but you can question the legitimacy of the gift deed.
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Ankur Goel @ Complete Law Shield
Responded 2 years ago
But as the daughters are always emotionally bonded to their parents the most of them never asked for it and invoked their rights. Later on in 2005 when the Central government brought the amendment that even married daughters are coparceners then the real changes started to be seen.
From your question it appears that initially the property was self acquired in the name of the three individuals and if is true then the gifting of the property was not invalid and thus your father would not be in a wrong position alienate the property in a way he wants. The question related to his portion as he can alienate but what he gets as gift is debatable and court will have to decide on that.
In my opinion to safeguard your rights you should challenge it in the court.