File suit to set aside settlement deed on grounds of coercion / undue influence
Mention that mother was 82 years old and not of sound mind at time of execution of gift deed
Seek injunction restraining younger son wife from selling the property
Settlement Deed
The property was in the name of my late mother. She was coerced to sign a settlement deed by my younger brother's wife and his two sons, because at the age of 82 yrs, her body and mind was fragile to oppose them and I was staying away from my parents due to my own work condition. This was done in my absence without taking my consent or even informing me, which I came to know much after my mothers death. I had to obtain a copy of the deed from the Village officer which reads that, my mother and my younger brother(mentally challenged and is in the age of 60) be allowed to stay till their death. In this scenario can file a plea to cancel the deed of settlement. How else I can claim my share? Filing a partition suit in this scenario would help or not. I have literally been thrown out of my own parent's house, I being their eldest son, after i performed the last rites to my mother last year saying they severed all the relationship.
Asked 7 years ago in Property Law
Religion: Hindu
3 Answers
Hello,
1) You will have to file for partition of the property and challenge the settlement Deed while doing so and establish that fraud was committed by those involved and coerced your mother into signing the document and she was not competent mentally and physically at that time.
2) You can also lodge FIR against the perpetrators of the crime and build pressure to get to a settlement of the sort as the trial in the partition suit will take years to complete.
You have not mentioned that on whose name is the property title lying.
Was it originally belonged to your father?
Was it your mother's own property or she acquired it after the death of your father?
If so, then your mother cannot transfer the entire property on the names of your sister in law or her sons.
She can do so only to the extent of her share in it.
Since you claim that it is your parents property, you are also entitled to a share in the property provided it was your father's property and he is reported to have died intestate.
Whatever the case may be, first you contact an advocate in the local and file a partition suit seeking partition and separate possession of your rightful and legitimate share in the property.
Let the opposite party defend their title or interests in the property on the basis of whatever document they may rely upon, which can be challenged by you as per law.
