Legal Question in Real Estate Law in India

respected sir,

my father bought a house in name of my mother in 1994 now my mother passed away in 2004 and in order to transfer my mothers property into my fathers name me and my elder sister and younger brother signed a relinquishment deed in favour of our father. we reliquished our shares and got it registered .

And after that my father who is still alive made a will in favour of me.and got it registered .

my elder sister has a daughter and my younger brother has a girl child

i have heard that will can be challenged in court

CAN MY FATHER MAKE A GIFT DEED IN MY FAVOUR.. DOES HE HAS THAT AUTHORITY TO DO SO.


Asked on 10/29/10, 5:46 am

2 Answers from Attorneys
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

unless i go through the will and its contents and check the legal validity of the will, it will not be appropriate to comment whether upon challenge of will, you be able to prove the execution of will and your right thereon. your father has all the authority to execute a gift deed in your favour.

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Answered on 10/29/10, 11:02 am
Vishwa Arya Arya & Co.

since brother and sister relinquished their share, property is absolute in the hands of your father. He may write the will for affect after his death. OR during his life time may also gift to any one, including you.

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Answered on 10/29/10, 5:42 pm


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