If it’s gifted to you and same is not an ancestral Property then she can’t claim it

Your sister has no share in the property as your mother has only life interest in property and on her demise it would devolve on you 

Literally this property has been transferred to two beneficiaries, one to your mother who has restricted benefit, that is she can enjoy the property for her lifetime but cannot sell the property, after her lifetime it will pass on to the other beneficiary.

Secondly you being named as second beneficiary, you have rights to acquire the property after the demise of first beneficiary.

Thus it becomes your absolute property upon acquisition hence neither your sister nor anyone claim any share in the property as a right.

It depends on how the  property came to grandfather, if is self acquired  by him, your sister have no right  to claim any share. It property ancestral, that is if it is inherited by grandfather, than the  gift is valid only to the  share of grandfather in the  property plus your share.

1. The Gift Deed us required to be perused befoer commenting on it.

2. Gift Deed is for transferring the ownership in favour of one person (if it is not divided) & not for subsequent ownership.

3. However, if it is a conditional gift deed wherein the property has been gifted to you with a condition that your mother will have a  living right in the said property then you shall own the property after her demise.

Dear client,

Since the registered gift deed clearly states that after your mother, the property should go to you, your sister cannot legally claim it. Let's analyze the condition of your gift deed:

1. Your grandfather gifted the property to your mother with a life interest, meaning she can use it, live in it, rent it out, but cannot sell it or transfer it to anyone. And after her death, you automatically become the absolute owner.

2. She can file a case on the basis of fraud, coercion, or undue influence, but she does not have any legal rights because the property is not legally inherited.

3. Even your mother does not have the rights to change the ownership because the nature of the gift is of a conditional nature.

4. So to protect your legal rights, you must have the certified copy of the gift deed, and the conditional nature must identify that the gift is conditional.

Hope this helps you; if you still have any clarifications or issues, do not hesitate to ask.

- Since, the said gift is registered then your sister cannot claim any share in the property gifted by your grandfather. 

- Further, as the said gift deed is conditional , then your mother even cannot transfer any share of the same to your sister , and only it can be used by your mother. 

- As per law, a registered gift deed cannot be cancelled even by the transferor without a court order. 

In terms of your grandfather's gift, the property shall devolve on you after your mother's lifetime. Your sister cannot have any legal claim.

No, your sister cannot claim the property as the gift deed clearly states that it will pass to you after your mother’s lifetime. You have a vested right in the property.

For detailed, personalized advice, consider a phone consultancy. Hope you find the information helpful. You are free to contact me for further discussion. If you could spare two minutes of your time to write a review, it would be greatly appreciated and bring immense happiness to read it. Thank you. Shubham Goyal.

Based on the facts you have shared, your sister cannot claim the property after your mother’s lifetime if the gift deed explicitly states that the property will pass to you (the grandson) after your mother’s death.

Legal Position of the Gift Deed:

1. Gift with Life Interest: Since the gift deed is registered and clearly mentions that the property belongs to your mother during her lifetime and will automatically pass to you thereafter, your right is legally protected.

2. Absolute vs. Limited Ownership: If the gift deed grants your mother only a life interest, she holds the property only during her lifetime and cannot sell, transfer, or will it to anyone else, including your sister. Upon her death, you become the rightful owner.

3. Binding Nature of a Registered Gift Deed: A registered gift deed is a legally binding document under Section 122 of the Transfer of Property Act, 1882. As long as the deed is clear and unconditional, no other heirs(including your sister) can claim a share in the property.

What Your Sister Can or Cannot Do:

• She Cannot Claim a Share: Since your right is explicitly mentioned in the deed, your sister cannot challenge it unless she can prove fraud, undue influence, or lack of capacity at the time the gift deed was executed.

• She May Try to Challenge: Although challenges are possible, the law favours the validity of a properly registered gift deed. Any such claim by your sister would need substantial evidence to succeed.

Steps to Safeguard Your Rights:

1. Secure a Copy of the Gift Deed: Ensure you have certified copies of the gift deed for future reference.

2. Mutation of Property: After your mother’s lifetime, apply for mutation in your name to update government records.

3. Legal Action (if Necessary): If your sister raises disputes, you may file a declaratory suit confirming your ownership under the gift deed.

If you want detailed assistance or to proactively strengthen your legal position, feel free to reach us at www.legalcorridors.com.

Thanks and Regards,
Advocate Aman Verma
Legal Corridor