Yes, a gift deed involving non-self-acquired property (such as ancestral or joint family property) can be challenged by legal heirs. This is allowed only under specific legal conditions. Under Indian law, the validity of a gift deed depends primarily on ownership rights of the donor and legality of execution, and this becomes crucial when the property is not self-acquired.
If the property is ancestral or jointly owned, the donor cannot legally gift the entire property without the consent of other co-parceners or legal heirs.
In such cases, legal heirs have a strong right to challenge the gift deed because the donor was not the absolute owner of the property. Courts often examine whether the donor had full authority or only a partial share. If the gift exceeds the donor’s legal share, it can be declared invalid to that extent.
However, simply being a legal heir is not enough to cancel a gift deed. The challenger must prove valid legal grounds.
A gift deed can be challenged if it was executed through fraud, coercion, undue influence, misrepresentation, or without free consent of the donor. It can also be set aside if it was not properly executed or registered as required by law.
Importantly, legal heirs can challenge the deed even after the death of the donor, but they must approach a civil court and provide strong documentary evidence. Courts also check whether the donor was of sound mind and whether the transfer was genuinely voluntary at the time of execution. Hope this answers your question.
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To answer your query: can gift deed be challenged in court. Well yes! It can be challenged in the court. You can challenge it and will be required to prove that the execution of the gift deed was not correctly done. In some cases, it is also required to prove that the deed was executed under fraud or misrepresentation. Here are a few reasons which will allow you to challenge gift deed in the court:
No free consent for transfer of gift
The execution of gift deed is not as per registered legal requirements
If either party to the gift was not competent to contract,
In case a consideration has been taken for the gift deed then such gift deed would not be valid.
I hope this helps you know: can gift deed be challenged or not.
Can a gift deed which is not self acquired be challenged by the legal heirs
sibilesh
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2021-11-15T10:55:17+00:00 2021-11-16T14:57:51+00:00Comment
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