Apni Law Staff asked 5 months ago
My family has land passed down from my great-great-great grandfather. My father has three sisters. My grandfather gifted the land to two of them without consulting my father. They say they will divide the land into four parts after my grandfather passes away. My father is unaware of this gift deed, and they have not sought his approval. These two aunts have been cultivating the land for the last ten years. Can I legally challenge the gift deed and reclaim our rightful share of the land?
Best Answer
Apni Law Staff answered 5 months ago
Under Indian law, a gift deed can be challenged if it was fraudulently obtained or if the donor (your grandfather) lacked the mental capacity to make the gift. However, your father’s lack of knowledge or consent is not a ground to challenge the gift deed. Your father may have legal recourse to claim a share in the land after your grandfather’s death, but the existing gift deed will need to be considered.
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