Im frm hyderabad telangana state. My granny purchased a property in 1994 with joint family funds she and her both sons another there is third son but not made party in this and they all living to gether in sepetate rooms in same premises , in 2001her daughter filed a injuction suit on both her brothers younger and elder seeking peace in posession not to vacte her from posession in that case two sons filed a counter that this is a property of our both brothers we both jointly developed and buyed the property so we cant give posession to their sister after some days case came to compramise and both brothers setteled her and vacated sucess fully and in the year 2005 granny registerd a gift to her elder son without informing a younger one. After that gift granny and her elder son jointly filed a case on younger one seeking recovery of posession which is under younger one. And younger also filed a partition suit for three shares. In cross examination she(granny) told that the property was purchased only with the funds of elder son i(granny) also not initiated any funds in the property in the name of respect as head of family it was buyed on my name so i gave returned his property to my elder son . So court has pased common judgement in both suits Against younger son to vacte the posesion And didnt canceled gift deed. So young went to two cases to appeal when the case is in the stage of arguments elder son kicked out his mother(granny) from house. So she came to young and filed arguments in appeal court in favour of young one and asked to allow the appeal. And share the in 3 And at the same time again granny filed a suit for cancellation of gift deed under mis representation in lowe court.while the matter stood she went to senior citizen tribunal for revocation of her posession. So tribunal doesnt cancelled gift but ordered that 2 of her sons should vacte the posession and handover the whole premises to granny after this order another side appeal court dismissed both the Suits That revocation of posession which was filed by elder And partition suit by younger . Appealete court Either canceld the gift nor ordered to vacte the posession. And after that elder one filed writ petition against tribunal order. And now after filing ceveat on appelete court judgement granny and younger son taught to file 2nd appeal but without filing the second appeal granny was died due to healtg issues. but long ago before she wrote a un registered will in 2021 and kept aside without knowing anyone and befor 2 days when she is going to die she took out that will deed and In presence of 6 witness signature on the day 5 sep 2023 she hand overed her will to her grand son thats me. Saying that gift should be cancelled under mis representation and nominal gift and registerd on my grand son name who took all care of mine(granny) while iam in critical position and In physical illness hospital alsoo. So what will be the next step i have to take
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as on date gift deed executed by granny in favour of elder son has not been set aside by court
3)elder son is owner of property
4) grand mother could not have by will bequeathed property which she is not the owner
5) you have to continue legal proceedings initiated by grand mother .inform court that grandmother is dead and you be added as party to the suit /appeal
- If granny was the owner of the property , then how two brothers become the owner of the property during her life time , specially if their names were not mentioned in the title deed of the property .
- Since, the said property is in the name of granny , then she can transfer the property to anyone i.e. in the name of elder son after registering gift deed
- Further, if the gift deed is not cancelled by the court , then she cannot write a Will for the same property ,however if Will is cancelled by the court then that Will is valid.
I would really let you know your legal status first with what I have understood after going through your matter .
1 As your Grand mother had made a Gift deed in favour of your Eldest Uncle for the complete property now according to law it can not be cancelled or revoked until unless it is proved that it was made by fraud ,undue influence or coercion.
2.According to law you grand mother had already made Gift Deed before she made her WILL so on the date of the execution of Will deed she herself was not the owner as she had gifted her rights over the property.
( In law its not mandatory to register a will even an unregistered will carries an equal value.)
Only Remedy is to challenge the Gift deed first get it revoked and only then the will deed would be read and things can be done accordingly .
Gift in 2005 cannot be canceled after 18 years in 2023. Once a gift is always a gift. If there was any alleged misdeeds then also the prescribed limitation is three years only. Since property was already gifted in 2005 so in 2023 granny was not the owner of the property hence she did not have any right to execute WILL in respect of such property which she was not owing by her then in 2023. You can file probate of WILL.
A gift deed can be cancelled by the donor or the donee under certain circumstances, such as fraud, coercion, mutual agreement, rescission, etc. However, the cancellation of a gift deed requires a legal procedure and a court order. The steps involved in cancelling a gift deed are as follows:
In your case, it seems that your granny had filed a petition for cancellation of gift deed under misrepresentation in lower court, but she died before getting an order from the court. She also left an unregistered will in your favour, which you claim to have in your possession. An unregistered will is valid in India if it fulfils the following conditions:
However, an unregistered will may also face some challenges and difficulties in proving its authenticity and validity, such as:
Therefore, if you want to execute your granny’s unregistered will and cancel her gift deed in favour of your elder uncle, you may have to follow these steps:
It can be cancelled only with registered gift deed and not unregistered deed. You can challenge that will in court and prove it void
You file a petition to grant probate of the Will and once he probate is granted, you may enforce the Will and take possession of the properties bequeathed ion the Will, failing which you can file an eviction suit to vacate the occupiers from the property and take possession
Dear Client
Consult with an Attorney: Seek legal counsel from a lawyer who specializes in property and inheritance matters. They can provide you with guidance based on the specific details of your case.
Review the Will: The unregistered will left by your grandmother may have legal standing if it meets the requirements of a valid will under Indian law. An attorney can help you determine if the will is legally valid.
File a Petition for Cancellation of Gift Deed: If your grandmother's will states her intention to cancel the gift deed due to misrepresentation and nominal gifting, you may need to file a legal petition seeking the cancellation of the gift deed. This will typically involve a civil court proceeding.
Participate in Pending Cases: Since there are pending cases related to the property, you should consult with your attorney on how the will and the intention expressed in it affect the existing legal disputes. Your attorney can advise you on the best course of action.
Continue the Writ Petition: If your elder uncle has filed a writ petition against the tribunal's order, you should continue to participate in that legal process. Your attorney can guide you on how to proceed with the writ petition.
Seek Mediation or Settlement: Depending on the circumstances and the willingness of the parties involved, you may explore the possibility of mediation or an out-of-court settlement to resolve the property disputes. Your attorney can assist in negotiating with the other parties.
Attend to Other Legal Matters: It's important to keep track of any other legal proceedings related to the property and inheritance, such as the appeal cases. Your attorney will help you navigate these matters.
Gather Evidence: Ensure that you have all necessary documents, including the unregistered will, witnesses' statements, and any other evidence to support your case.
Act Promptly: Property disputes can be lengthy and complex. It's essential to take timely action and follow the legal advice provided by your attorney.
