Legal Question in Civil Rights Law in India

Sir,

my father's grand father has a property under his name and my father's grandfather has two sons. one son died during his life time.and others son has 4 sons and one daughter.that during his life time my father's grandfather made a oral heba and later he made a registered gift deed under his two grandsons in the year 1960. and than he died in the year 1961.now one of his grandson claiming the share from the property and challenge in court that the gift deed is fake. my father's grandfather was an illeterat person and used thumb impression on gift deed. now the other grand son challenging that his grandfather was literate nd TI is fake. now MY QUESTION IS IS THE GIFT MADE BY MY FATHER'S GRAND FATHER IS VALID IN LAW. 2) IS THE OTHER GRANDSON HAS ANY RIGHT ON THAT GIFTED PROPERTY.


Asked on 2/06/16, 12:57 am

1 Answer from Attorneys

Vivek Mapara Vivek N. Mapara

If the gift deed is held valid, then the other grandson has no interest or any right in the gifted property.

So far so validity of the gift deed is concerned then following aspects are important : -

1) Gift was made way back in 1960, and he died in 1961, more then 50 years back deed cannot be challenged. It is beyond limitation.

2) Properties are possess by the donee accordingly, so since all these time there was no challenge

3) A registered gift deed cannot be challenged so easily

SO dont think you have any thing to worry

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Answered on 2/06/16, 4:18 am


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