Sale of property gotten through gift deed
Dear Sir, My wife got property through registered gift deed from her mother in 2012. The property belongs to her mother only. Now we want to sell this property. May i know if any of my wife brother can challenge or suit a case against us.
Hi, it will be more covinient for me to guide if you can share the copy if gift deed..you can consult me on my no.9654062181..regards adv Hemant chaudhary..consultation fee 1000/-
Once the property is being gifted others can not challange the same .....
Now youur wife is the true owner of the same .
Adv Uttam Tibrewal
Just sell it. It is a gifted property and naturally the orthers may fight. Get the cash ans enjoy. The purchaser will look out.
Under S. 122 of Transfer of Property Act the term gift has been explained according to which it is a transfer of immovable or movable property made voluntarily by one person called donor to one called donee.
In this case, your mother-in-law was the absolute owner of the property and had absolute rights over the property and hence she can transfer the property to anyone u/s 122 of TPA. But the gift should be duly registered (as per S. 17 of Registration Act, 1908) and only then can you apply for Mutation of Property which will enable you to transfer the property further without any issues.
Once the gift deed is duly stamped and registered it cannot be challenged unless the opposite party is able to prove that deed was made by fraud or misrepresentation or fraud or under undue influence.
Since the property has been gifted by your wifes mother now the sole owner of the property is your wife....
No one can challange the same ......... if challange it shall be null and void.....
for any query or help feel free to contact me
Adv Uttam Tibrewal
Book a phone consultation with a top-rated lawyer on Lawfarm.