What is the validity of a non registered gift deed

My father is died on 1997 and acording his will my mother and after her my brother is only owner of this property.my mother is also died on 1999.and now my brother is owner of this house.and after my brother marriage  he transferred this house for his wife by gift deed. And now my brother an my bhabhi  want to selling this house.we are two sisters and we r also married. Can we file a case on my brother and bhabhi for this property. And we r not sure that the will is origenal or fake because its only nottery not registered. pls help

Answers (3)

201 votes

Any documents which were not registered we're easily challengable, the benificery have to prove the authenticity of the documents, you both can file declaration suit as well as criminal case against ur brother n his wife, if the will is original you have to just challenge the metal status of ur fatherat the time of will, and the statement of witness of will are also valuable.

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105 votes

A will need not to be registered, only attestation by two people is required for a will to be genuine one. Regarding the question whether you father had right to give away the property by way of will is concerned, if the property was your father's self acquired property he can give away the property to anyone according to his wish and no one can question that, but if the property was ancestral one than only you can raise objections with regard to execution of such will including the question of its validity only if it is not properly attested. Rest all depends upon the facts and documents of your case and your better help can only be done after going through those documents.

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156 votes

Yes you can file case and challenge that will in court and you can ask stay from the court on that property . इस से होगा यह कि कोर्ट हमें उस प्रोपर्टी पर स्टे दे देगा और आपके भैया ओर भाभी उस मकान को नही बेच पायेंगे ओर हमें यह भी पता चल जाएगा कि वो वसीहत सही है या गलत है ।

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