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Brother got property to himself through gift deed before fathers death
31-Jan-2023 (In Property Law)
Father passed away 2 years back. Father was not mentally stable. My brother got father's self made property registered in his name through a registered gift deed. I never came to know about it and now my father is not there anymore. What action can i take against him? I was out of India for the past 2 years.
If you can establish that father was not mentally stable at the time of execution of gift deed, it can be declared void. You should file a civil suit for declaration of gift deed as a void document. A mentally sick person cannot execute any document unless a gaurdian is appointed by the court.
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Dear Sir,
Kindly tell has the gift deed been registered?
If not then the transfer will be invalid. However, if it is registered then it can be challenged in court, on the grounds of coercion and fraud.
Kindly tell has the gift deed been registered?
If not then the transfer will be invalid. However, if it is registered then it can be challenged in court, on the grounds of coercion and fraud.
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Adv. Pragya Wazir
Delhi | 100+ Answers
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File a civil suit for cancellation of gift dead on the ground of undue influence. Section 18 of Indian contact act forbids such type of agreement made by our under undue influence. Your fathers mental condition is not such to apply his mind and think about effect of his act.
Your case is fit for cancellation of deed. You will get interim order at the first hearing of case. Court shall stay execution of gift deed till his further order.
Your case is fit for cancellation of deed. You will get interim order at the first hearing of case. Court shall stay execution of gift deed till his further order.
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Adv. Shivendra Pratap Singh
Lucknow | 25+ Answers
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