My father made a gift deed to my sister and a very next day admitted in hospital. after 14 days he passed away.my father was mentally very disturbed writing something as if he is talking to my mother who passed away one year back.i am suspecting about the signature and mental condition of my father at the time of registration.four days before registration my father where he was not known.
Asked 2 years ago in Property Law from Bangalore, Karnataka
Challenge the gift deed if you have strong suspicion before the court and file a case for declaring the alleged document would be null and void . The document created by fraud and the excutent was not at the stage of creating such deed ,his mental conditions was good and soon after the creation of document he admitted to the hospital.
1) you have move court to set aside gift deed of your father was not of sound mind at time of execution of gift deed
2) if his signature is forged gift deed can be set aside
3) you will have to prove father was not of sound mind or his signature has been forged
Hi, you have to challenge the gift deed before the court that the gift deed was executed under fraud, undue influence and unsound mind of your father.
2. Expect filling a suit you have no other options to cancel the gift deed or you have to file a suit for partition and in the partition suit you have to challenge the gift deed.
1. If you have a reason to believe and proof to substantiate that your father was not in sound mental condition while making the gift deed then you may challenge it in the court which can set it aside as illegal.
2. The hospital records of your father could turn the tables one way or other.
What is your query? Are you suspecting any foul play in the registration of the gift deed execution in favor of your sister?, if so, you may dispute the same before the court of law by filing a suit for declaring the said gift deed as null and void because it has been obtained by playing fraud and under coercion from a mentally unstable person.
You have to look for the grounds to dispute the same and also the merits for filing the suit to draft the pleadings favoring your situation.
Consult a local lawyer and discuss the issues at length and then decide about next course of legal action.