property once gifted and duly stamped and registred can not be challenged
Gifted property
SIr Can my grandfather gift his property to his daughter in law ( that's my mother)...My parents has been staying with my grandfather since 35 years in state of uttrakhand and he gifted his property to my mother in 2010 and a proper registration was done in sub registrar office...after two year he passed away.. We have payed the proper stamp duty and everything...Now can it be challenged based on that father has no right to gift the property to daughter in law.with whom he was staying for past 35 years and she was the one taking care of him...
Asked 10 years ago in Property Law
7 Answers
this property is not a ancectry property, my grand father has earned it by him self
Asked 10 years ago
sir can it be gifted to daugther in law?
Asked 10 years ago
1. A property if transferred beyond the right the transferor , the same can be challenged in court of law even if it is property stamped and registered.
2. Since in your case it was his self earned property, it can not be challenged anymore.
3. had it been his ancestral property, the other legal heirs could have successfully challenged for setting aside this gift deed.
as i mentioned it can not be as it is a self acuired prop
1) once gift deed is made duly stamped and registered daughter in law would be absolute owner of said property .
2) in your case donor ie your grand father had out of love and affection gifted said self acquired property to daughter in law
3) gift deed cannot be challenged except on grounds of undue influence and fraud .
4) daughter in law has strong case on merits
1. If it is the self purchased property of your grand father then it is beyond the pale of legal challenge by any one as your grand father being the owner of the property in question could have gifted it to any one he desired.
2. After the transfer of property to your mother she assumed absolute ownership over the property which cannot now be impeached.
An absolute owner of a property can gift the property to anyone he decides. In this case father-in-law has gifted his self-acquired property to daughter-in-law through a registered gift deed, that means the daughter-in-law has become the owner of that property. Only if the gift is alleged to have been made through undue influence, fraud, coercion, the same can be challenged in a court of law. In the instant case the gift is properly stamped and registered and when once the transfer of property to your mother has taken place she has become the absolute owner, it can not be impeached now.
Self acquired property can be gifted by the owner to any body he chooses to, including his daughter in law, out of his love and affection.
