Can gift of property to me by my father be challenged by relatives?

[Anonymous]

I am a married woman living with my husband. I have two brothers who have strained relations with my father. My mother is no more alive. My father had acquired a property (a plot of land) in Bhopal from his money in the year 2005. Since my father is not happy with my brothers and I am the only child who looks after my father whenever any emergency is there, my father has decided to gift me the above property in Bhopal by a gift deed. Can my brothers challenge such gift deed? Will it be a valid transfer to me or will there be some legal challenge in future?

[Dr. Ashok Dhamija]

Since it is a self-acquired property of your father, he has full rights to dispose of it as he pleases. He has the power to gift that property to you out of his natural love and affection. The gift deed may be properly documented and should also be got registered by paying the stamp duty as payable. This is necessary since one of the exceptions to the general principles laid down in Section 25 of the Contract Act, 1872, which says that an agreement which is without consideration is void, is that such an agreement is expressed in writing and registered under the law for the time being in force for registration of documents, and is made on account of natural love and affection between parties standing in a near relation to each other.     

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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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