I would advise you to complaint before maintenance tribunal under Section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, for.cancellation of the will.

Maintenance and Welfare of Parents and Senior Citizens Act, 2007

23. Transfer of property to be void in certain circumstances.-

1. Where any senior citizen who, after the commencement of this Act, has transferred by way of gift or otherwise, his property, subject to the condition that the transferee shall provide the basic amenities and basic physical needs to the transferor and such transferee refuses or fails to provide such amenities and physical needs, the said transfer of property shall be deemed to have been made by fraud or coercion or under undue influence and shall at the option of the transferor be declared void by the Tribunal.

2. Where any senior citizen has a right to receive maintenance out of an estate and such estate or part thereof is transferred, the right to receive maintenance may be enforced against the transferee if the transferee has notice of the right, or if the transfer is gratuitous; but not against the transferee for consideration and without notice of right.

3. If, any senior citizen is incapable of enforcing the rights under sub-sections (1) and (2), action may be taken on his behalf by any of the organisation referred to in Explanation to sub-section (1) of section 5.

The link of recent judgement of.kerela.high court on same facts is mentioned below. http://www.livelaw.in/gift-deed-senior-citizen-revocable-even-doesnt-bear-dedicated-welfare-clause-kerala-hc/.

Once gift deed is executed your brother would be absolute owner of the property

2) your father has to file suit to set aside gift deed on grounds of coercion or undue influence

3) your father can not cancel gift deed unilaterally

Section 126 lays down two modes of revocation of gift:

(i) Revocation by mutual agreement of donor and donee.

(ii) Revocation by rescission as in the case of contracts. it will be read with section 19 of Indian Contract Acts

provides "Where consent to an agreement is caused by Coercion, Undue Influence, Fraud or Misrepresentation and its limitation period is 3 years from known to donor.

1.Well,the gift deed once executed can not be cancelled anymore.

2.However under Maintenance and Welfare of Senior Citizens Act,2007 he can challenge such deed wherein the Tribunal can revoke the deed and direct himto let your father take possession of the proeprty.

3. Ask Your father to make gift deed/Will in respect of the remaining proeprty if he wish not to give his younger son any other proeprty.

4. Since he is not the owner of the whole proeprty he can not keep mortgage of the same.Inform The bank stating your father's opposition to mortgage the proeprty anymore.

Dear Sir,

Since your father is ready to cancel Gift Deed, it can be done through shortcut method by filing a petition under the provisions of Maintenance and Welfare of Parents and Senior Citizens Act, 2007 before Assistant Commissioner revenue, Kandaya Bhavan Bengaluru. The following link may be visited

http://www.advocatekhoj.com/library/bareacts/maintenance/index.php?Title=Maintenance%20and%20Welfare%20of%20Parents%20and%20Senior%20Citizens%20Act

http://citizenmatters.in/guide-to-senior-citizen-law-on-rights-and-maintenance-3549

In one case decided by the Madras HC, the donor after gifting the property and the donee having accepted is left with no interest in the said property. It can be cancelled only by filing a civil suit and the registrar is not the competent authority as per S.126 of the act.

If the gift deed executed by your father is a irrevocable gift, then it cannot be revoked or cancelled. Otherwise, the same can be revoked or cancelled by your father.

Alternatively, your father has to file a suit for declaration before the civil court seeking cancellation of the gift deed executed by him under duress and fraud. This will take considerable time and also the process is expensive.

Once the gift deed is executed and registered it can't be cancelled unilateral. Only revocable gift deed can be revoked by donor. In your case you can try provisions of Maintenance and Welfare of Parents and Senior Citizens Act, 2007 to secure your property back.

Please let us know is it self acquired or ancestral property. File A suit for declaration stating that the gift deed was executed by undue influence coercion and same is illegal and void.

Hello,

Yes this is possible.

the same can be challenged in the ground of force and coercion.

Ask your father to challenge the same on the ground that the said gift was taken by force.

Regards

The registered gift deed, if not imposed with any condition cannot be revoked or cancelled by the donor for any reason even if he is approaching the court of law.

The loan papers, if your father has not signed as co-applicant, then he can object to this, but if he has signed it then he cannot get out of this before discharge of the loan amount.

If your father was conned to execute this gift deed, this gift is bad since he was fraudulently made to execute the same.

You father may file a suit for cancellation of the concerned gift deed.