Is it possible to Challenge a Transfer deed after the death of person making it?

Tilak Marg Forum for Legal Questions Forums Property Law Is it possible to Challenge a Transfer deed after the death of person making it?

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    • #2954

      Sir,

      My father (Hindu) died in 1978 leaving behind W, S1 (It’s me), S2, S3 & D1. He didn’t leave any will behind. The land falls in Lal Dora area and no documents/papers are available with respect to the same. Now my mother has made Transfer deed in favor of S2 & S3 under impression and in influence of others as if she became owner of the land after the death of my father. My mother has been biased towards me for reasons best known to her. Now I need to know:-

      1.) Does Rule of succession (as laid down in Section 8 of HSA, 1956) get affected in any way merely because of the fact that land falls in Lal Dora area?

      2.) If answer to question no.1 is NO, then I believe total land needs to be divided equally among all co-shareres ie. W, S1, S2, S3 & D1)?

      2.) If answer to question no. 2 is Yes. Then I’m bound to challenge the Transfer Deed mentioned hereinabove only during lifetime of my mother or it can be challenged any time after her lifetime as well?

      3.) Will it be a valid defence for my mother to say that My father himself purchased the property and orally gave all the property to her alone way back in 1978 before dying and she is not able to produce any paper but can produce fake witness with respect to the same?

      Thanks in advance.

    • #2958

      I am not aware of any specific rules or law being applicable to what you have described as “Lal Dora” area. You may have to consult some local lawyer of your city / state where Lal Dora area lies and who has knowledge of the law related to Lal Dora, if there is any specific law relating to that.

      Under the general law, if a Hindu male dies intestate leaving behind his self-acquired property, his property will devolve equally on wife, three sons and a daughter (as mentioned in your question). Wife of such person does not acquire an extra right of ownership in such a case. So, under general law, a transfer deed by the wife of the nature described by you would be invalid.

      You can challenge it during the period of limitation.

      Transfer of property cannot be made by oral statement. It is required to be in writing and also to be registered.

           


      Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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