If your father has already transferred his self acquired property to your sister by registered deed, then challenge the execution of the deed by your father in the jurisdictional Court saying that your father was brainwashed by your sister, since your father is not in the right state of mind and prey for the registered deed to be cancelled.
My sister has influenced my father to give her everything
We are a 4 siblings, 2 of my sister's are married away and 1 loved with my parent. I (son) work and live overseas and have never asked for any financial or other support. My sister who has been living with my parents for her whole life has influenced my dad to write over all his properties on her name. My father is not in the right state of mind, going through some terminal illness and my sister is taking advantage of this situation. What are our options as his kids, self acquired property.
Asked 1 year ago in Property Law
Religion: Hindu
15 Answers
1) you and your siblings should file suit to set aside gift deed
2) take the plea that father is not mentally fit
3) enclose his medical report that he is suffering from terminal illness
If you have documentary evidence to prove that your father is suffering mental illness and was not capable of executing any transfer deed then you can take suitable action to get the transfer deed nullified for the reasons that they were obtained by force when he was not in a mental state to execute them.
however remember that the registered deed cannot be easily nullified by court because it requires substantial proofs to get them cancelled for the reasons stated by you.
There has been no registered deed made yet, although he has expressed his feeling of giving it all to her via his will.
Asked 1 year ago
You are always at liberty to challenge the will on father demise
In that case you may have to wait for the event to happen because only then you will be able to take any action to get the transfer document nullified.
If it is going to an unregistered Will, then it will be more beneficial to you to get it easily challenged based on the health mental condition medical history of your father.
In that case, challenge your father's WILL based on undue influence, coercion,, etc.
Dear Client,
I appreciate your worries towards the transfer of self-acquired property that belong to your father and as to your sister’s influence and coercion. According to Indian laws, since the property belongs to your father and it is self-acquired, he has every right to transfer it. However, if you think that your sister influenced this decision while your father was ill mentally, you can object to this transfer on the grounds of ‘undue influence’ or ‘fraud’ under Section 16 of the Indian Contract Act, 1872. Receipt of medical records that will further support this claim will be vital for this claim. In case your father was of unsound mind at the time of transfer you may approach the court to appoint a guardian under Mental Health Care Act, 2017 to nullify the transactions made during this period.
If the property has been transferred, the process is slightly different: you can file civil trial on the grounds of transferring deed and provide such proofs as, for example, medical records or testimonies of witnesses. To deal with such a case, I would advise to consult with a lawyer, especially since legal action should be taken as soon as possible to defend your rights.
I hope this response is in line with your expectations. If you need further assistance from our side, donot hesitate to contact us again.
- If those properties are self acquired property of your father , then he has his right to transfer the same to anyone without taking the consent of others.
- Since, your father is not in right state of mind due to said illness , then you should collect the medical prescriptions for his said illness , so that you can prove that at the time of gifting or writing the Will , his condition was not good and he was no mentally fit for the execution of the documents.
1. Collect all documents to prove that your father is ill, infirm and is totally dependent on your said sister. Doctor's prescription is considered as an important document in tis regard.
2. After the demise of your father, when your sister claims the property or files a probate application in connection with the will, you can challenge the Will claiming it to be under influence and coercion.
It is not mandatory to register a Will.
Is it possible to approach the court of law before any transaction occurs, some sort of apprehension against my sister who is influencing my father for illicit transfer/gift of the property to obtain stay on the disputed properties. Just so she can't get him to write a gift deed. Any detailed info is highly appreciated. Regards
Asked 1 year ago
These are self acquired properties of your father
2) court would not grant any stay restraining father from executing gift deed or will
3) it will only end up antagonising your father
You cannot take any action through law to prevent her from doing any act.
You first have to wait for her to commit any such act and enforce it as per procedures of law, after that only you can take legal action seeking legal remedy and relief for the damages or injuries you suffered due to such acts.
Since the property is your father's self acquired , Court can't direct your father to act in a particular way, as your father being the owner of self acquired property is independent to take any decision.
1. No. You can not complaint on apprehension in civil matters.
2. You shall have to wait till the incidence occurs.
- Only your father has his right to approach the Court for restraining her from forcing him to transfer the property.
- Further, as till date no property is transfer or gifted her , then you cannot file any case against her.
- However, you can file a Partition suit before the Court for getting equal share in the property after narrating that you had contributed the amount for purchasing the property , otherwise you can claim that the said property was purchased on the family fund.