• Dispute in family for property

I'm the eldest brother with 2 sisters and brother. My father, mother and we two brothers are joint owners of our property. My father died 5 years back, and my mother died last year. My mother has gifted her share and 1/3rd of father's share to my younger brother. This came up after my mother's demise and the fact that she has gifted. The thing is I or my sisters had no knowledge of this arrangement. In addition to that my mother was a psych patient, who's treatment was going on in armed force hospital on my behalf. I and my sisters are now willing to challenge this and interested in fair share of this property. Please help me with suggestions how to go about this.
Asked 4 years ago in Property Law
Religion: Hindu

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10 Answers

You have to file suit to set aside gift deed

2) take plea that mother was not of sound mind at time of execution of gift deed

3) enclose mother medical reports

4) seek injunction restraining sale of share by brother

Ajay Sethi
Advocate, Mumbai
87976 Answers
6207 Consultations

5.0 on 5.0

1. A deed if not done put of free will by the donor then the same is invalid and can be set aside by court.

2. SO for this you will have too file a suit for declaration for setting aside the gift deed made y your mother.

3. if it is established in court that your mother was mentally aware of what she was doing while making the gift deed then the court is likely to set aside the deed.

4. However if your father was at that time was physically or mentally fir then there is little chance of ifs success in similar suit challenging his gift deed.

5. So take help of a good civil lawyer and act as advised above.

Good luck.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

This is my response to you:

1. The Will can be made by anyone as long as the format is clear;

2. Also, despite your mother being a psych patient only if she was in better mental and physical condition then only she should have made the Will;

3. Only if there is medical certificate attached to a Will, then only would the Will be accepted as a valid document;

4. Otherwise you have grounds to challenge the Will;

5. You can file a partition suit before the court and claim for equal share in the property.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

Hello,

File a partition suit and challenge the gift deed with relevant evidence with the help of a good civil lawyer .

Hope this helps.

Regards

Swarupananda Neogi
Advocate, Kolkata
2941 Answers
6 Consultations

4.7 on 5.0

1. As per law, your mother is not required to inform you or keep you in the know while registering the gift deed in favour of your brother.

2. However, the said gift deed can be challenged on the ground that at the time of registering the said gift deed, your mother was not in a mentally stable position as warranted by law.

3. Your brother shall have to file an application before the Court praying for granting probate for the said will along wit the list of the legal heirs of your late mother and at that time you shall get a copy of the said application to enable to give consent to the said will or challenge it.

4. Your sisters also can contest the said application for probate appropriately and if the said application for probate is rejected by the Court, the said will shall be declared as invalid and all the legal heirs will have equal share of the property left by your late mother.

Krishna Kishore Ganguly
Advocate, Kolkata
26614 Answers
726 Consultations

5.0 on 5.0

Hello,

The same happens to be the self acquired property of your mother and therefore she has the right to transfer the same in any manner whatsoever.

Further, you may challenge the gift deed on the ground that she was not having the mental capacity to execute the same and therefore the same is bad in the eyes of law.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

hello,

if the gift deed was not in your knowledge then you should challenge it on grounds of unsoundness of mind of the mother and because of that, your bro took advantage of that fact. you have to state all this and back it up with certificates, prescriptions and her mental condition at the time of the signing of the deed and afterward too. the non-disclosure of the deed is also a fact in your favor.

regards

Rahul Mishra
Advocate, Lucknow
13762 Answers
65 Consultations

5.0 on 5.0

You will have to approach Civil Court baby of a suit declaration for cancellation of gift deed executed by your deceased mother in favour of your sibling as it is not legally enforceable, owing to the at that your mother was of unsound mind while executing the said deed and such instruments are not valid due to the statutory requirement that a person needs to be of unsound mind while executing any deed or contract.

Also, file a suit for permanent and mandatory injunction with interim relief against your brother in order to restrain him from alienating the suit property in any manner whatsoever.

Siddharth Jain
Advocate, New Delhi
5933 Answers
101 Consultations

5.0 on 5.0

If you can prove that her mental condition was not stable at the time execution of Gift and her condition was such that she could easily be influenced or uninformed about her acts , than possibility of its cancellation.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

You can file a partition suit seeking partition and separate possession of your share in the property.

Let him challenge the same on the basis of the said gift deed.

You can challenge the gift deed on the basis that your mother was not mentally alright at the time of executing the said gift deed.

You collect the evidences of her mental ill-health and ther treatment particulars which will be sufficient to prove that she was mentally unfit.

Any document executed by a mentally unfit person is invalid in the eyes of law.

T Kalaiselvan
Advocate, Vellore
78133 Answers
1543 Consultations

5.0 on 5.0

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