| A property in Kanpur was gifted to a family member, but other relatives now wish to challenge the gift deed. On what grounds can such a deed be contested? |
Yes — a gift deed can be challenged after execution, but the grounds on which a challenge can succeed are specific and limited, and courts in Kanpur's civil courts apply them with care. A registered gift deed is a legally executed and registered document, and the burden of establishing that it should be set aside lies with the person challenging it.
The principal grounds on which a gift deed can be successfully challenged are: fraud or misrepresentation — where the donor was induced to execute the deed through false statements or concealment; undue influence or coercion — where the donor was under the dominating influence of the donee and exercised no free will; the donor's incapacity — where the donor was not of sound mind or was unable to understand the nature and consequences of the transaction at the time of execution; and non-compliance with legal requirements — a gift of immovable property in Kanpur must be made by a registered instrument signed by the donor and attested by at least two witnesses under Section 123 of the Transfer of Property Act 1882, and a gift deed that is unregistered is void and can be ignored. A gift of ancestral property by a single coparcener may also be challengeable by the other coparceners if it exceeds the donor's share.
Courts in Kanpur also apply the principle that a gift deed executed by an elderly person in favour of a younger family member who was caring for them at the time will receive heightened judicial scrutiny — there is a rebuttable presumption of undue influence in such circumstances, and the donee bears the burden of showing the gift was the free, informed act of a mentally capable donor. Equally, a donee in a fiduciary relationship with the donor — a lawyer, a doctor, a caregiver — faces the same presumption. The challenge must be brought within the applicable limitation period — generally three years from the date the fraud was discovered or the undue influence ceased — so prompt action is essential. The civil and property lawyers at the Kanpur panel of Aapka Legal Advice can assess the specific grounds available on your facts and advise on the strength of a challenge before a civil suit is filed.
