File suit to set aside gift deed on grounds of coercion or undue influence
2) take the plea that grand mother was illiterate and forced to sign gift deed in favour of 2 sons only
Mother gifting the property only to two sons out of three
Hello All, My Grandmom who was an ill-literate at the age of 80 was mis guided by two of his sons to gift the property to them. 1)What options does the 3rd son have to pull the other two sons to the court of law ? 2)Is this considered legal ? 3)Is there a way that we can get the stay so that the other two does not occupy the property ? The property in question is agricultural land.
Asked 3 years ago in Property Law
Religion: Hindu
8 Answers
Hi , I forgot to add two more things. This property moved to her name after the death of my grandfather. After the gift deed, even she passed away. we only came to know about this registration very recently. Would the suit and plea still be valid ?
Asked 3 years ago
On demise of grand father grand mother was only one of legal heirs
2) property would devolve on her and 3 sons
3) she could not have executed gift deed for entire property in favour of 2 sons only
If she is passed away recently then you can file case against other two brothers under fraud, coercion, misrepresentation. Plus this property belongs to ancestral so all brothers and mother has equal share in the property.
If we assume that gift deed is true then in ancestral case the sharing ratio will be 1/4 (25%) each.
- As per law, after the death of your grandfather , his property would be devolved upon all the legal heirs, i.e. your grand mother and sons equally.
- Hence, your grandmother was not having any right over entire property for gifting to her two sons only.
- You have your right to claim your share in the property equally.
- Send a legal notice to your siblings for your share , if refused file a suit for Partition and declaration for getting share in the property and to declare the gift deed as null and void.
Dear sir/ma'am,
As this property was given to your grandmother, it became her self-acquired property. Then she could rightly gift it to anyone she wished. You cannot claim right over the self-acquired property of your grandmother. However, if you have evidence and a valid case of proving that the gift given to them was under coercion or fraud and without the consent of the grandmother, then you may file case to contest the validity of the gift deed. However, since she has already passed, this may be difficult to prove. Thank you.
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1. If the property was lying on the grandmother's name, then her action of transferring the property by a gift deed to her two sons alone cannot be challenged by the aggrieved son.
2. If the proeprty is registered on the grandmother's name, then she is the absolute owner with clear and marketable title to the property, hence this can be considered as legally valid.
3. Without knowing the entire background details any further opinion given on the basis of the incomplete information you have furnished here would become a misleading opinion and it may become fatal to your case.
If the proeprty belonged to your deceased grandfather then upon his intestate death, the same shall devolve equally on all his legal heirs which would include the aggrieved son also.
In that case he can file a suit for partition to partition the property and allot him his rightful share in the property
Hi, Your grandmother have no right to gift the property because after the death of grandfather, all the legal heirs have right over the property. in the worst case, she can gift to an extent of her share and not more than that.
