• Land document required to file a case?

What are land document required to challenge against gift deed performed my grandparents in their unsound mental condition?(Will it be enough  to have the sub registered copy of gift deed)Muslim Family
Asked 2 years ago in Property Law from Jorhat, Assam
1) it  is your case that your grand parents were not of sound mind at time of execution of gift deed . you will have to prove that your grand parents were not of sound mind . you need certificate of medical experts who examined your grand parents in this regard . 

2) you have to annex copy of gift deed in your suit if you are challenging the gift deed 

3) if you  have copy of title deeds of property which were in your grand parents name you can enclose them too
Ajay Sethi
Advocate, Mumbai
23367 Answers
1224 Consultations
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1) make an application for issue of certified copy of gift deed from sub regsitrar office . 

2)any search clerk in sub registrar office will do the needful . 

3) since you have the xerox copy you have the details of date , month , year of execution , name of parties etc . obtaining copy from sub regsitrar office wont take much time 

4) you can file suit on basis of xerox copy of gift deed too as original would be in possession of the defendants ie donee
Ajay Sethi
Advocate, Mumbai
23367 Answers
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1. If you are challenging the gift deed then you must annex the certified copy of the gift deed along with your case.

2. The deed which, according to you was executed by your grand parents in unsound medical condition, will be struck down by the court only if your succeed in proving that the gift deed is vitiated by the unsoundness of mind of your grand parents.

3. Medical evidence in addition to other evidence may be required to prove the unsoundness of mind.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
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1. The documents required is the very gift deed you are going to lay a challenge to. 

2. If you do not have a certified copy then a xerox copy will suffice in so far as the filing of the case is concerned.

3. Certified copy may be obtained from the office of sub-registrar, which should not take much time if you can furnish to the concerned clerk the details of the gift deed such as the name of the donee, the date of execution of gift deed, the property to which it relates etc.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
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1. Your ground for challenging the gift deed is the unsound mind of the doner being your grandparents,

2. So, it is primarily required to submit documents evidencing that the grand parents were not in thir sound mind,

3. Collect prescription/medical report to this effect and also collect the certified copy of the gidt deed to challenge the same,

4. Also keep in mind that as per Muslim personal law, oral expression of gift in presence of witness is also valid gift.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
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1. Collect the certified copy of the said Gift Deed,

2. Collect document/[rescriptions etc. showing that your grandparents were not in their sound mind at the time of executing the said Gift Deed,

3. Engagae an experienced  lawyer having expertise in this field.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
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