Can I challenge Gift Deed
My father died at age of 89, on 12 sept 2014. ( reason was chronic debility and old age) 8 days before his death I come to know that a gift deed of our home was done in favour of my mother, sister, and brother. Gift deed was registered in month of May 2014. And medical certificate was not attached . My age is 45 living in the same house with wife and daughter. We had a family business which closed in 2011. (Which was only source of our Income.) Though my relation with my sister was not good, my mother always hate me.
My brother hits several time to my mother and one time to my father also at our business place.
But because he has a son and his relation with sister are good she (mother) always answer in favour of him. Now a days they are trying to put pressure on us to leave the house. I have no other house to live.
My relation with my father was good.
Can I able to challenge a gift Deed? and on what ground should I file a case.
Asked 2 years ago in Property Law from Greater Mumbai, Maharashtra
You can challenge the gift deed only on the ground that it was made by your father under duress by the donees. Since the medical certificate is not required to be attached along with the gift deed there has to be some circumstantial evidence to prove the practice of duress. If he was hospitalized just before the gift deed was made and he was incapacitated to either sign the gift deed or understand the legal import of what he was doing then this is a suspicious circumstance. You would require the hospital records of your father to prove that he was incapacitated.
1) you have to file suit to set aside gift deed . will have to prove that gift deed was executed under undue influence or coercion .
2) if your father was suffering from dementia or Alzheimer disease you can take he plea hat father was not of sound mind at time of execution of gift deed
3) dont vacate the house .
1) You can not challenge the Will in a Court of law and a medical certificate is not mandatory with the Gift Deed if the Gift Deed was registered as your father would have signed before the Registrar and the witnesses.
2) If the DEED is not registered you can file for partition as presumably your father has not left behind a Will.
3.If the property was a self earned one, your was at liberty to Gift it to any one of your choice.
a gift deed registered particularly in favor of mother, sister and the brother alone by intentionally excluding you naturally raises eyebrow or suspicion and can very well be objected or challenged to have been executed under mysterious circumstances. If the property under gift deed was inherited by your father from his parents, then you have more chances to strongly fight it out. However since your father had been a chronic patient of debility and owing to his old age ailments, his movements have been restricted to within the house for more than a year before his death, you may additionally with the help of his medical certificates as evidence, can file a suit to declare the said gift deed as null and void and also seek partition and separate possession of your legitimate share in the property in the same suit. You can also seek for interim injunction restraining the defendants from alienating or further encumbering the property on the same lines till the disposal of the main suit.
You can challenge the gift deed .For that you have to file suit for setting aside the gift deed.You have to prove the gift deed created by undue influence and coercion.You also describe the mental capacity,illness of father at the time of executing the deed in the pleading of your petition.