Lawfarm Team
in Property Law Family Law Contracts Law Civil Law Constitutional Law
Asked May 28, 2016

Gift deed benefiting me is being challenged

  • 1 Answer
  • 169 Views

My brother gifted me some land. After 30 months, his wife challenged the gift deed. Court rejected her case. Later, she filed a case again, but in another court. What do I do?

Answer 1

If the Court has rejected the case, it cannot be pursued again in some other Court because Jurisdiction- the authority of a Court in a limited zone cannot be changed. For example- Each District is sub-divided into small zones and for each zone there is one Court. The Court from one zone cannot take the matter of any other zone or Court. If new case has been filed, please see what are the new issues or facts raised by your brother’s wife. Some of these new issues could be:
  • Section 6 Clause (dd) of Transfer of Property Act, 1882 says that if the property was to serve any monetary benefit to the wife or child of your brother in future then that property cannot be transferred to anyone. The right of wife and child will be primary. 
  • Also, under Transfer of Property Act, 1882, Section 126 says that gift may be suspended or revoked if something happens in the future without your brother’s control, for example- your brother said if he dies before his child turns 18 year old, the gifted land should go to his son, in this case the gifted land will go to his son because your brother’s death is not controlled by himself. 
Agree Comment 0 Agrees 12 months ago

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