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Father gave property through gift deed can brother revoke gift deed
06-Jul-2023 (In Property Law)
We are a Hindu family based in Kolkata.My father has gifted his house to me, his younger son, by Gift Deed, registered in 2013. My grandfather has given the house to my father by will and my father got probate in 1980. My father is still alive. My questions: 1. Can my elder brother revoke the Gift Deed claiming that it has been done forcefully by me? 2. Can my elder brother claim that the property is ancestral and hence, my father do not have any right to execute a Deed of Gift without his consent? 3. Can my elder brother bring an injunction/stay order /any other order from court so th
If the property is an ancestral property then your father will not have the right to right to transfer the property through a gift deed. All the legal heirs will have share in the property and your brother can challenge the gift deed. The property will be divided according to Hindu Succession Act.
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Adv. Siddhant Sharma
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