Anonymous
Asked May 12, 2017

Challenge Gift Deed

  • 1 Answer
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There is a house where my father and his brother lives on separate floor. On ground floor my father stays and on first floor , his brother. The second floor is rented. The property was in name of my grandfather who is still living. My grandfather worked at my father business and stayed with us on our floor only. After my grandmother,s death nearly 6 years back, my father brother started brainwashing my grandfather mind against us and my grandfather started hating us. He had a will earlier where he had given ground floor to us and the other two floors to my father brother and recently I came to know that my grandfather has gifted the whole house to son of my father brother. We have been living there since 30 years. Infact when the house was renovated, it was done out of income of my father. We are not given anything today.pleaee let me know can I challenge the gift deed . Even today when I talk to my grandfather, he says that he wishes to give us too one of the floor. Pls let me know , can I do something about it?

Answer 1

Hi,

A gift deed can be challenged if it is proved that the gift deed was executed by your grandfather as a result of fraud being practiced on him or as a result of misrepresentation of facts or under undue influence or that he has not exercised under his free will or consent to execute the said gift deed or if the gift deed is made out of consideration.In this case, you can challenge the gift on the possible ground that it was made under the undue influence of your uncle. You can support your claim by producing your grandfather as witness. However, claiming that the deed is made forcefully it will come under the Section 16 of Indian Contract Act, 1872 which deals contract with undue influence and the burden of the proof will be on you that deed is made forcefully. Therefore, if you are able to proof then the deed will be revoked and the property will be divided equally or as per your grandfather's wish. An easier way out would be for your grandfather to take initiative and create a new will over-riding the existing will avoiding the legal process in the Court completely. 

Regards,

Jayant Garg

Agree Comment 0 Agrees over 4 years ago

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