Once gift deed is executed elder son is absolute owner of propertyÂ
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2) gift deed has not been set aside by courtÂ
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3) you cannot claim property by will of grand mother as she had no share in property bequeathed by willÂ
Cancellation of gift by will
In the YEAR 94 my grandma with her two sons purchased property in hyd on her name .In 2001 her daughter came in house and filed a prepitual injuction on her two brothers to not evict her from house and the case was dismissed and decree got in favour of two brothers and they evicted their sister from house. And again in 2005 my granny executed registerd gift deed in favour of her elder son and filed eviction suit in 2005 against my father who is younger son.in cross ex she stated that this house is purchased with the funds of my elder son not joint family funds i too didnt invested one paise in this so i gave his house to him return back.. And we also filed a suit for partition to make it three shares And both cases combined together and common judgement got in favour of my granny and her elder son in both eviction suit filed by them and dismissed partition suit filed by us and court ordered young one to hand over the possesion to them in 2015. And we went for appeal and again elder one and granny knowingly filed execution petition in lower court.while matter stood my granny was kicked out by her elder son and then she came to young one and she took complete u turn against elder son and filed case new case on her two sons that cancelling gift deed. And in appelate court in the stage of arguments she supported younger one and filed arguments against his elder son. And also filed not pressing memo in EP which was in lower court.And While these all going she went for tribunal court under senior citizen act and filed case against two sons for evection and to cancel the giftdeed .the tribunal doesnt cancelled gift but orderd that two sons should evict the premises and hand over to my granny. and elder one went to HC and filed WP against tribunal and in the same time appelate court passed Common judgement on both cases in 2023 by allowing eviction suit which was filed by granny and elder son saying that younger also invested money in property so he has right to live in it and dismissed partition suit which was filed by us. Saying that evidwnce is not sufficient to say that younger one has invested for home😂. And both filed ceveat petition in HC mean while granny was dead after one year without filing second appeal And now both brothers filed second appeals against each other.While the matter stood in 2021granny wrote a will in favour of me and my brother we are grand sons of her. Stating that elder one fraudlently misrwpresented me and frdinfluenced to gift the property. And all the words which i have stated in court are false and this is my self acquired prpty .and all my care is now taking by my two grand sons in my last stage so i revoke the gift from my elder and giving to my two grand sons who are sons of my younger son. My question is she already gifted property to elder one and matter is on court.then does she has Right to execute a will on a property which is not in her name.can i file a case claiming property by this will?can i win the case
Asked 7 days ago in Property Law
Religion: Hindu
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7 Answers
She has stated every matter in will that fraudlently eldee son influenced me to give false state ment in court as elder one said me i told that words but those were not my own words. And i revoke all those false words.and i also filed for cancellation suit on both of my sons and i also went to tribunal like this all matters she wrote in will . She maked will in 2021 by stating all matters but she went to tribunal in 2022 and mentioned in 2021 she filed cancellation suit in 2020 and she took the witnesess signatures in year 2023 with dates which was prior 2 or 3 days before her death.is this ok is there any problem with this?can i take forward step to file a case on both her sons to evict and cancel the gift deed basing on this will. The witnesess are also ready to come and say in court . Are this sufficient Or else i want any other evidences to gather to win the case.
Asked 6 days ago
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As on date elder son is absolute owner of propertyÂ
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you cannot claim property by will of grand motherÂ
Your grandmother had no right to make a will in 2021 for the property already gifted by registered deed in 2005 — unless that gift is first cancelled by a court.
The will alone does not cancel the gift deed.
✅ You can file a case to cancel the gift deed on grounds of fraud/misrepresentation, using:
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Her will,
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Her tribunal complaint,
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Her not-pressing memo,
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Witnesses' support.
But you’ll need strong proof of fraud to succeed.
Your grandmother has deposed evidence before trial court that she purchased this property out of the funds of her elder son and she also transferred the same to him by a registered gift deed.
The court also passed a decree accordingly.
Even appellate court has confirmed it.
Now her statement that contradicts her own statement is not legally valid or bindingÂ
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Moreover the creation of Will is nothing but an act done out of her frustration which again is not maintainable in law.
The Will is not valid and cannot be enforced.
This appears to be created with an inner intention and hence not enforceable.
Yes after filing suit and court on merits decide it you can consider it’s cancelledÂ
Will executed  during fag end of her life is not of much force. She gave so many statements contradicting each other. The credibility of will is lost.
