issue legal notice to brother to furnish certified copy of gift deed by which property was a;allegedly gifted to him
2) if he refuses either take search in sub registrar office or obtain court orders to direct brother to furnish the said details
My elder brother not showing proof of our late father's plot's gift deed
My father purchased a plot of land in Nacharam Hyderabad in 2007 or 2008. I don't have any details of the plot. I never saw the sale deed also. Later, in 2013, my parents told me that the plot was done gift deed in favor of my elder brother. I did not object because my elder brother promised my parents that in return for the property, he will take their complete responsibility in the old age. He broke the promise shamelessly. In 2017, our father passed away. In 2020, our mother was struck with paralysis and bedridden till now. I am only taking care of our mother. Recently, I met the real estate agent who was my father's friend and he told me that he has doubts and that my father might not have done the gift deed in the first place and the property might be still in my father's name only. So, I asked my elder brother to show me gift deed proof, but he is not showing it and even abusing and threatening me. Please advise me how to proceed legally against my elder brother.
Asked 2 years ago in Property Law
Religion: Hindu
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7 Answers
1. If you can get the details of the property apply for Encumbrance Certificate from the date of purchase of the property by your father till date.
2. If your father had executed Gift Deed for the property in your eldest brother' s favour, the complete transaction entry will appear in the EC.
3. Based on the confirmation of Gift Deed transaction entry in the EC you can take further necessary action against your elder brother.
Now, you pretend as if it is has not been transferred to your brother by any gift deed and issue a legal notice for partition and for possession of your share in that property.\befor that you obtain an EC for this property and see the latest status of the property.
If there is no encumbrance on your brother's name, then you can file a suit for partition and claim your legitimate share in it including your mother's share.
Dear Client,
In a court of law, the deed may be contested by the declaration of a gift deed litigation. To find out if a gift deed can be revoked, the giver must, however, be able to demonstrate that the present was taken against their will and that there was improper influence or fraud. If a written document prepared for gifting property is absent, the legality of a gift deed is nullified. The written instrument is necessary to verify the title. The validity of a gift deed is unaffected by the size of the property. Any size and value of land or property can be gifted. A gift deed is void and subject to legal challenges if the consent for the gift transfer was not freely granted. If the gift deed was not executed and registered in compliance with legal requirements, it can be contested in court.
Hope this answer proves beneficial to you.
Try to get the certified copy from the sub registrar office if it’s registered deed or give notice to him to provide inspection
you will have to file a suit against your elder brother to declare you as 50% owner of the property [assuming there are only 2 heirs left by your late father], for a disclosure of the gift deed and for a declaration that it is not binding on you and seeking its cancellation
- You can apply before the sub-registrar for getting the certified copy of the sale deed in the name of your father and also the gift deed executed by him in the name of your said brother.
- As per Supreme Court, the parents can evict their child after cancelling the gift deed due to their mistreat and not taking care of them.
- Hence, your mother can file a suit for Declaration and Mandatory & Permanent Injunction before the court for declaring that gift deed invalid and to evict him from the property and to restrain him from selling that property .
