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Brother took property forcefully by my parents now can I take action
06-Mar-2023 (In Property Law)
Dear Sir, i have a doubt : - Once we had a joint family where all property owned by my Grandfather. One day my Grandfather died & that property owned my Grandmother. When my Grandma became old & sick, my Big father's big son taken her to R.I office & by force put a thumb impression took 1 Plot in his wife's name. After few days my Grandma died. After died of 5 years we got Separated. That time he declared that 1 plot is in my wife's name that Grandma gifted. When we check the document we found thumb impression , which is impossible to find out whose Thumb Impression. So Now what will do
If the property was an ancestral property, you have right in your grandfather’s property. So if any part of the property was transferred by gift deed without giving your share then you can challenge the gift deed and file a suit for partition thereby seeking share. But if the property was a self-acquired property by your grandfather and the property was transferred by your grandmother through a gift deed then Registered Gift Once executed cannot be cancelled by other Party. Person who has executed gift deed can however Approach Civil Court for Cancellation of Gift Deed alleging Fraud, Misrepresentation, undue Influence etc.
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Adv. Siddhant Sharma
Delhi | 200+ Answers
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