• Person in frail health and under mental, emotional, physical tension - during the period a gift deed

Hi Lawyers,
My friend is requesting this question. his father wrote a month before to the police station that he was in frail health, having a lot of mental, physical and emotional tension due to family issues. after a week, the elder brother got the evaluation of the fathers flat done, purchased stamp paper and within one month got the flat gifted in his name in the back of his mother and family. As the father was seriously ill and under the influence of the same son for 2-3 years before the gift, can my friend plead that the gift deed was a manipulated move.Also the flat was purchased by father and mother and there is income tax and bank statements to prove the purchase 35 years ago. The father felt dependent on the eldest son,as the father had no income. The other son was living in a different state. the gift deed did not even protect the mother, though she had jointly purchased the flat. The flat was a leased property of MCD in father name only.
Asked 9 days ago in Property Law
Religion: Hindu

3 answers received in 10 minutes.

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20 Answers

File suit to set aside gift deed on grounds that father was not mentally fit at time of execution of gift deed and that it was executed under coercion 

 

seek injunction restraining brother from selling the flat 

Ajay Sethi
Advocate, Mumbai
88369 Answers
6226 Consultations

5.0 on 5.0

 

Enclose his medical reports that he had suffered a stroke and was not mentally fit at time of execution of gift deed 

Ajay Sethi
Advocate, Mumbai
88369 Answers
6226 Consultations

5.0 on 5.0

Oppose application by son for sale  of property 

Ajay Sethi
Advocate, Mumbai
88369 Answers
6226 Consultations

5.0 on 5.0

Let your friend initiate for cancellation of Gift Deed executed by his father in favour of his eldest son in the jurisdictional Court, as the gift deed was executed under threat, coercion and force, as the father was of unsound mind and frail health.

Shashidhar S. Sastry
Advocate, Bangalore
4205 Answers
258 Consultations

5.0 on 5.0

  1. Donor was in serious mental and physical problems.
  2. Donor is under emotional stress.
  3. Doner was in custody of donee for two to three years.
  4. Gift deed is executed in undue haste.
  5. Gift deed is executed surreptitiously without knowledge and consent of other legal heirs.
  6. The share of mother  is also gifted without her consent. This is the  legal ground on which  gift deed can be challenged.
  7. Claim of donee that he needs money to pay medical expenses is admission that donor was not in good health. Medical expenses are not paid by gifting property. The property has to be sold to third party to raise money not gifted to son excluding others. Others have also contributed towards medical expenses.
  8. Donor had stroke.
  9. All the circumstances are not conducive for execution of gift deed.    

Ravi Shinde
Advocate, Hyderabad
2816 Answers
42 Consultations

5.0 on 5.0

You need to challenge the gift deed and prove the above

Prashant Nayak
Advocate, Mumbai
27579 Answers
88 Consultations

4.4 on 5.0

Dear Client,

If the gift deed was executed without even knowledge of the plaintiff. Further, no close relative or friend were present as an attesting witness. The said gift deed is also said to be void.

 

Thank You.

Anik Miu
Advocate, Bangalore
5001 Answers
53 Consultations

4.9 on 5.0

This is a leased out property hence the lessee cannot transfer the property by gift deed to anyone until the property has been converted to freehold.

If the father was in frail health and not visited the sub registrar office for registering the gift deed then it is invalid and illegal.

He can challenge the same by filing a suit for cancellation of the gift deed.

If father had no income then how did he buy it?

You say that it was purchased on the names of both the parents then how come the father alone becomes the owner of the leasehold property.

Ascertain the details if you are very serious about the solution you are looking for

 

T Kalaiselvan
Advocate, Vellore
78530 Answers
1554 Consultations

5.0 on 5.0

The father has a remedy only in the civil court and not with the police for this problem.

If they torture him or abuse him then he can file a criminal complaint.

Otherwise he can approach civil court only with a suit for injunction restraining them from interfering in the possession and enjoyment of his property.

T Kalaiselvan
Advocate, Vellore
78530 Answers
1554 Consultations

5.0 on 5.0

What is that you wanted to clarify here by posting such queries?

If there is any case pending in the court then the person filed the suit has to prosecute the same properly on the strength and support of the documents he relies upon.

T Kalaiselvan
Advocate, Vellore
78530 Answers
1554 Consultations

5.0 on 5.0

The gift deed is voidable at the instance of the father 

But since he is not in a state to take any decisions, his wife can file a suit for cancellation of the gift deed and to declare it as void

She can do so as a guardian 

Even the other son can file such a suit in above capacity 

Yusuf Rampurawala
Advocate, Mumbai
6942 Answers
79 Consultations

5.0 on 5.0

1. Your friend can use the documents during trial to get the gift deed cancelled.

2.  Assuming that the court cancels the gift deed, then the title of the property goes back in the name of the donor.

Shashidhar S. Sastry
Advocate, Bangalore
4205 Answers
258 Consultations

5.0 on 5.0

The gift deed cannot be cancelled automatically during trial of the case. 

If the court is declaring the gift deed is null and void then you may have to take action to cancel the gift deed through registrar office in order to get the entry about it in EC.

 

T Kalaiselvan
Advocate, Vellore
78530 Answers
1554 Consultations

5.0 on 5.0

Your friend can file a suit cancellation of the gift deed owing to the fact that the donor was in not in the right mental capacity during the execution of the gift where  your friend will have to produce all the documentary evidence to show the mental ailments suffered by his father which can prove that the execution of the gift deed was flawed. Police complaint will also help your friend in the said case.

Siddharth Jain
Advocate, New Delhi
6001 Answers
101 Consultations

5.0 on 5.0

Complaint in the police station as well as the medical records will help you prove that the gift deed  was executed under coercion and when the person was not in the mental capacity to execute the deed which will help in the cancellation of the said deed.

Siddharth Jain
Advocate, New Delhi
6001 Answers
101 Consultations

5.0 on 5.0

Your friend can file his objections with the court where his brother is asking to sell the property wherein he can show that he as well as the other family members were contributing towards the treatment of his father and can stop the sale of property.

Siddharth Jain
Advocate, New Delhi
6001 Answers
101 Consultations

5.0 on 5.0

After the cancellation of the gift deed, the property will be reverted back to the same of the old owner/s

Siddharth Jain
Advocate, New Delhi
6001 Answers
101 Consultations

5.0 on 5.0

You can apply certified copy of the same from court

Prashant Nayak
Advocate, Mumbai
27579 Answers
88 Consultations

4.4 on 5.0

He has to file suit to set aside gift deed 

 

both suit s would be clubbed together 

if gift deed is cancelled then property would revert in donor name 

Ajay Sethi
Advocate, Mumbai
88369 Answers
6226 Consultations

5.0 on 5.0

Dear Client,

A gift cannot be revoked once made and registered with due process of law. It becomes the donee's property after the acceptance, in which the donor cannot self-sufficiently revoke the deed. Also, there is donor's mere will in a deed, where the parties have agreed that the deed will be revocable in part or whole is not known to be a valid Gift Deed.

Nevertheless, there are specific grounds when gifts can be revoked under Section 126 of the Transfer of Property Act, 1882. The revocation incorporates the possession of the Property, which gets returned by the cancellation of Gift Deed to the donor.

 

Thank You.

Anik Miu
Advocate, Bangalore
5001 Answers
53 Consultations

4.9 on 5.0

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