Gift Deed Created Without The Consent Of A Partner In Property | Vkeel - Free Legal Advice

Narendra

Hello, My father and uncle purchased a property wherein the agreement was registered under both their names. Now, as we are asking for a part of it, my uncle claims that he has gifted the same to his son as a gift using a registered gift deed and we have no further right to it. Question: Is it possible for some to legally do this without the consent of a partner of the property? If yes, What can be done next to challenge the same?

Expert's Answers(3)

Advocate N Karthikkanna
Madurai, Tamil Nadu

60 Client Ratings

It is valid. one can sell his undivided share in a property without the consent / knowledge of the other share holder.. you may contest the same on other grounds i.e. malafide intention

January 14, 2018
Kishan Dutt Kalaskar 40 years Exp (Retired Judge)
Bengaluru Urban, Karnataka

187 Client Ratings

Agreement was registered in both the names of your father and uncle, but about sale deed. If the sale deed also reveals both the names then Gift Deed has not value and you can file a suit for declaration for cancellation of gift deed and for your half share.

January 13, 2018
Advocate Bharat A Narasgouda
Belgaum, Karnataka

1 Client Ratings

I think your uncle may have given you wrong information, when it is in joint name consent of both should be obtained, even if your uncle has transferred to his son your uncle has right to transfer only 1/2 of the property, assuming that he has transferred whole of the property then if you challenge that deed in court you will definitely get the share of your father. so better first get all the revenue records verify and then file a case.

January 13, 2018