Property Related
3 months ago
My father made a gift settlement deed to this second wife.I am a son of his first wife,there in deed it was mention that in pursuance of natural love and affection the donor has executed this irrevocable Deed of gift(settlement).
That neither the donor nor his heirs ,or legal representatives shall have any claim or interest in the said scheduled property in future.
But as a first wife son am i eligible to file a case in court against this situation .If yes how I can file a case .Now his second wife has completed to transfer the land to her son(my step brother)? Answer this question tooo.Please answer if you answer I will take consultation from you.
A.Dear Client,
When a recipient acquires a property through a registered Deed of Gift from the Donor, it is considered self-acquired in the hands of the donee, granting them unrestricted rights over the property. Consequently, your stepmother possesses the authority to transfer the property to her son, your stepbrother. It's important to note that challenges to a gift deed may arise if the donor's consent was not freely given or if the deed wasn't executed and registered in compliance with legal requirements, rendering it invalid. The Evidence Act dictates that the burden of proof lies with the party making assertions, and until this burden is met, the other party is not obligated to defend their case. In instances where legal conditions are not met, a registered Deed of Gift can be contested in a competent Civil Court, potentially leading to the cancellation of the gift deed based on the court's decision.
Thankyou
When a recipient acquires a property through a registered Deed of Gift from the Donor, it is considered self-acquired in the hands of the donee, granting them unrestricted rights over the property. Consequently, your stepmother possesses the authority to transfer the property to her son, your stepbrother. It's important to note that challenges to a gift deed may arise if the donor's consent was not freely given or if the deed wasn't executed and registered in compliance with legal requirements, rendering it invalid. The Evidence Act dictates that the burden of proof lies with the party making assertions, and until this burden is met, the other party is not obligated to defend their case. In instances where legal conditions are not met, a registered Deed of Gift can be contested in a competent Civil Court, potentially leading to the cancellation of the gift deed based on the court's decision.
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A.Dear Client,
A donee/receiver when gets a property from the Donor by way of a registered Deed of Gift, the property is classified as self-acquired property in the hand of the donee/receiver that gives the owner of the self-acquired property an unfettered right to deal and/or dispose of the property as he or she likes. So, your stepmother can transfer the said property in favour of his son, i.e, your stepbrother. . A gift deed can be challenged in Court if the permission for gift transfer was not freely given by the donor, If the gift deed was not performed and registered following legal requirements, it is invalid, The Evidence Act has laid down that the burden of proving fact always lies upon the person who asserts it. Until such burden is discharged, the other party is not required to be called upon to prove his case. A Gift deed can be challenged in Court and based on the order of a competent Civil Court a registered deed of Gift is cancelled.
A donee/receiver when gets a property from the Donor by way of a registered Deed of Gift, the property is classified as self-acquired property in the hand of the donee/receiver that gives the owner of the self-acquired property an unfettered right to deal and/or dispose of the property as he or she likes. So, your stepmother can transfer the said property in favour of his son, i.e, your stepbrother. . A gift deed can be challenged in Court if the permission for gift transfer was not freely given by the donor, If the gift deed was not performed and registered following legal requirements, it is invalid, The Evidence Act has laid down that the burden of proving fact always lies upon the person who asserts it. Until such burden is discharged, the other party is not required to be called upon to prove his case. A Gift deed can be challenged in Court and based on the order of a competent Civil Court a registered deed of Gift is cancelled.
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A.Dear Sir
If your father is alive you cannot claim anything since it is his self acquired property. If your father is not alive you can challenge gift deed and also transfer of land in favor of your step brother and you will succeed .
If your father is alive you cannot claim anything since it is his self acquired property. If your father is not alive you can challenge gift deed and also transfer of land in favor of your step brother and you will succeed .
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