| A property in Patna 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 — and the Patna High Court's substantial body of case law on this question confirms that a registered gift deed is not immune from challenge, though the grounds are specific and the burden lies firmly on the person challenging it. A gift deed executed in proper form and with genuine, free consent is durable; one that was not is vulnerable.
The recognised grounds for challenge are: fraud or misrepresentation — where the donor was induced to execute the deed through false statements about what they were signing or about the donee's intentions; undue influence or coercion — where the donor lacked the free will to refuse because of the donee's dominating position, typically arising in relationships of trust, dependency, or care; lack of capacity — where the donor was not of sound mind at the time of execution, was under severe illness, was intoxicated, or did not understand the nature and consequences of a gift; and defective execution — a gift of immovable property 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, unattested, or improperly executed is invalid regardless of its content.
Patna's courts have consistently applied heightened scrutiny to gift deeds executed by elderly donors in favour of children or caregivers — the Patna High Court, following the Supreme Court's lead, treats such transactions with a rebuttable presumption of undue influence where the parties stand in a relationship of dominance and dependency. In these cases, the donee bears the burden of showing the gift was the free, voluntary, and fully informed act of a person with testamentary capacity. Where ancestral property is involved, a gift by one coparcener that goes beyond their own share is also challengeable by the other coparceners. The limitation period for a challenge is generally three years from discovery of the fraud or undue influence, so prompt action is important. The civil and property advocates at the Patna panel of Aapka Legal Advice can assess the strength of a challenge based on your specific facts before any suit is filed.
