Response

A Dhana Settlement is basically a gift deed. Self-acquired property refers to property that is not inherited but is self-made out of oneÕs own funds and resources. Property acquired through a brother or an uncle may also be categorised as self-acquired. A property acquired through a gift deed or through a will is also self-acquired. In your case if the property of your father is self-acquired then he can give it to anyone he wants to you cannot claim share.

The gift deed can certainly be questioned in the court of law by filling a suit for such declaration. However, it will be challenged only if you are able to establish that the execution of the deed was not as per the wish of the donor or was executed under misrepresentation, fraud etc. Some grounds on which a gift deed can be challenged are stated below:
1. If the consent for transfer of gift was not free,
2. If the gift deed was not executed and registered as per the legal requirements,
3. If either party to the gift was not competent to contract,
4. If the gift is conditional and the condition is not fulfilled by the recipients. In such a case, the gift deed can be revoked.
5. If the gift deed includes any consideration for the gift, such gift deed would not be valid.

You will have to file a suit for declaration in the civil court under Section 34 of the Specific Relief Act, 1963.

Reference: Section 34 of the Specific Relief Act, 1963.

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