Legal Question in Real Estate Law in India

we are 3 brothers and 3 sisters, Hindu family, my mother executed a gift deed - registered - giving equal share of her property to all her 6 children, I am the last of them. but the partition has not been made so far. My mother is still alive, the rent at present is shared and a amount is given by all for mothers expenses. My father expired 2 years ago.

Now my brothers say that they will give some amount or a small portion to the 3 sisters and they have to accept it - as they are male they will take the major part, if we females do not agree they will file a case, through their male children (that means grand children) and take back the whole property - my mother is eye washed as now as she is old and live with the elder son - she is on their side .

My question is - will the Law allow them to take back the registered gift deed, in any case yes - tell me how - on what grounds ?

Please help me


Asked on 9/05/11, 7:05 am

2 Answers from Attorneys
Shrichand Nahar S.V.Nahar, Advocate

One may challenge a gift on various grounds available in law.

For researching those grounds, use research tools or read law books.

However, generally a deed of gift duly registered is difficult to be set aside only on assumptions and surmises and also subject to law of limitation.

Read more
Answered on 9/05/11, 9:57 pm
Sanjay Kalra Sanjay Kalra & Associates

Once gifted then it cannot be taken back by the donor.

Read more
Answered on 9/06/11, 1:49 am


Related Questions & Answers

More Real Estate and Real Property questions and answers in India