We had a will document for 1 Acre of land to which me and my brother are entitled to. The property was in the name of our grandmother. She lost her mind before a year and now she is bed ridden. My brother took her and executed a gift document in his name. My brother had the original will and I had the Xerox copy only. The gift document was executed on Feb 6, 2020. How can I get my property back.
1. Well, since the gift deed was executed after the Will , the Will shall have no force in the eye of law.
2. Now if the gift deed was fall out of force, coercion or fraud then the same is void for which you can file a suit for setting aside the gift deed .
3. Considering the mental derangement of the Donor you suit should be allowed and the gift deed should be set aside in which case even if the Will is destroyed the law of Inheritance would take force.
You may file a suit for cancellation of the Gift deed as the same is void abinitio being executed by a person who was unsound at the time of its execution.
gift deed cannot be cancelled unless the donee has obtained the same through either by fraud, coercion, misrepresentation or undue influence from the donor.
you can go for probate in the said will and take directions from the court if the same is not resolved by mutual agreement
Please challenge the gift deed it is illegal and unethical. Claim back the property because property gifted by a person who was not in her sound mind becomes illegal and unethical which is not enforceable under the law.
If the will was registered then obtain a certified copy of the will from the registrar office.
Then file a case of fraud and criminal breach of trust against him on grounds that your grandmother is mentally unstable and he took advantage and made her sign the gift deed. A cancellation of gift deed suit should be filed.
File suit to set aside gift deed
take the plea that grand mother is mentally unfit
enclose medical certificate to that effect
1. From whom should I get a medical certificate? Govt doctor ? Psychiatrist ? 2. I have cctv footage for past 3 months. I will try to recover old videos. I have the hardisk in my possession. 3. Is probate a valid route for this case when she is alive? 4. Can I get some govt official to visit my grandmother and document neighbours views ?
Your grand mother must have been examined by doctors for her treatment
you must be having her diagnostic reports
get her examined by psychiatrist
probate of will has to be done only on demise of grandmother
if she has already done gift deed will becomes infructous
Please approach Police Station and lodge formal FIR.
Police would investigate the incident and matter on merits.
Keep CCTV FOOTAGE and hard disc for Police investigations.
Probate comes into action after death of testator. Instead of approach office of sub-registrar and Registrar of Assurance for cancellation of WILL obtained by fraudulent measures.
Once Police officers satisfied about your case they would do the needful. It is their duties and responsibilities to carry out necessary action and investigation to find out truth and culprits.
Under the mental health care act the SDM can be approached and an application filed.
1. Get the medical certification from any govt hospital.
2. Get cctv
3. Yes probate is correct way.
4. That will not help and no one will visit. Get s medical Certificate and file complaint
Your family doctor certificate will also suffice
No probate can only be taken after testator is dead will can only be executed for probate once the testator is dead
This is your grandmother's property.
She's still alive.
In this situation how can this be your property.
The Will bequeathing the property shall come into force only after the lifetime of your grandmother.
If your grandmother is insane now then it is her own legal heirs who can challenge the gift deed your brother allegedly got to his name.
You don't have any rights in the property hence no claim can be maintainable from your side.
All the steps are to be taken by the children of your grandmother.
Don't be misled by the misleading advices.
You are not eligible for any share in the property being just a grandson.
You ask your father to initiate the proposed steps.
Since the gift deed is a subsequent development, the Will shall not be effective even after the lifetime of your grandmother.
1. WILL is effective for probate only when will making person dies. Till then the person can make many will or Sell /Gift /Transfer /Donate /Mortgage /whatever.... his property, without any further legal reference to an earlier will or other legal heirs.
2. Gift Deed duly registered during life time of Person, is Final & Irrefutable and non-challengable by other legal heirs, except on grounds of person's mental instability etc....
from any registered Medical Practitioner.
section 65B of Indian Evidence Act, which deals with admissibility of electronic evidence in court.
probate is issued by the court, when a person dies testate i.e.having made a will and the executor or beneficiary applies to the court for grant of probate.
1. You need to file a suit for cancellation of gift deed on ground that at time when the gift deed was executed then donor was not in sound mind and executed gift deed under influence of donee.
2. You can get her to govt approved psychiatric to get medical reports of her unsound mind.
3. After Filing of suit court can appoint a local commissioner to get your grandmother for medical tests.
- As per law , a WILL can be executed only after the death of testator , and can be cancelled during the life time.
- Further , an unregistered Gift deed having no value in the eye of law
1. Government doctor
2. Yes you can produce the said cctv footage in support of your case
3. No
4. You can file a declaration suit before the court to declare the said gift deed invalid .
