Hi,
I am really stuck, my father was remarried in goa - he did a civil registery wedding - he was a severe alchoholic in and out of hospital. He bought two properties in 2007 but did the sale deeds in 2013 (got married in 2008). He was very vulnerable.
When he passed he was in mid range through divorcing his second wife. She abused physically and mentally and put him into hospital for breaking his leg. When he was in hospital she stole all funds from his accounts so he was unable to pay for medical treatment.
When he passed away my brother and i went to look into properties of my fathers the flats as he left a will that he notorised but didn’t register for his child me and my brother - he believed they were both in joint names it turns out one is in both names on the sale deed. The other is solely in his wife’s name that we was divorcing, he also filed an FIR against her before he passed for theft of his money and physical abuse breaking his leg. The money that was used to purchase both properties was bought from was from my grandfathers inherited money which I full evidence of it entering my fathers account and paying directly for the properties.
On the deed where the property is in alley her name he has not signed on the deed at all! His signature is not present nor is there a gift deed to her. She has NO funds at all and has never worked. The time they were paid for his wife was married to someone else. She has
Admitted to the police he was a chronic alcoholic.
Can I cancel the sale deed of the flat with solely her name on the deed? The flat with both of their names what are me and my brother entitled to?
Which grounds should I enter a claim?
Asked 4 years ago in Family Law
Religion: Sikh