Gift deed cancellation procedure and rights
I have a request regarding my father's property who is 74 yrs old and want legal advises from you. Myself Gaur Chakroborty, and we are two brothers. I stay in Mumbai and my brother and my father used to stay in Kolkata. My mother had expired on 2013. Kolkata's property was in the name of my father. My mother had expired on 2013.
Before proceeding further, I must give more information about my brother. He is physically and mentally weak infact, 100% incapable ie. not by birth but by his wrong doing and negative life style. He is HIV+ since 2005 and gone to depression due to the same since then. He was a regular patient of Kolkata Tropical Medical College since 2005 and was shifted to R. G. Kar Medical Hospital on 2009. Right now he is regular patient of R. G. Kar Hospital. Moreover, he used to work in Kolkata Municipality Coorporation since 2009 (not a govt. employee but working under others payroll). He was sacked in 2014 due to his misbhaviers and volient attitude which was due to his medical problem unknown by Kolkata Coorporation. He used to get so volient that whatever he founds, he used to hit or throw on others. He was picked up by police 3-4 times on the basis of the complains raised by Kolkata Municipality Cooporation but let him go after knowing his medical condition.
After my mother's death on 2013, within two months, my father had gifted his kolkata property to my brother who is physically unhealthy and mentally too and is depandent on others. In 2014, my wife brought him to Mumbai for treatment. But he used to get so voilent that he picked up anything like knife and other hard and sharp thing and used to charged us. I then admitted him to J. J. Hospital after consulting with one of top most doctor of Vakti Vedant Hospital who advice me to put him in hospital on immediate basis. He was there for 2 weeks where he was even given Electroconvulsive Therapy (ECT). He was getting quite fine after release from J. J. Hospital. But my father took him again to Kolkata where he again stop all the medicine adviced by J J Hospital. I tried to bring him to Mumbai again but he didn't came here and started blaming that I'm trying to make him mental patient. So I stopped keeping any relation with my father and brother there after. But after two months his condition gone worsden. He started taking drugs. He used to withdraw all my father's pension and used to spend all alone. From November 2014, my father used to called me a tell me that my brother was beating him just like anything. Even our neighbours used to called me to do something because my brother used to get so voilent that any day he can killed my father. So I had to go Kolkata on February 2015 and put him in a Private Mental Home. He is still there for past one year and having treatment under qualified Doctors.
This is the gist that I have given. My main legal issue is my property now. Which I need to solved it with all of yours kind advices. Since the property is in the name of my brother who is not capable to take the decission of his own and the same is vacant right now, how I can take control of the same. Since I am leaving in Mumbai and can't managed both Kolkata and Mumbai, my father decided to sell that property which he had already gifted it to my brother. And now he is in mental home for past one year.
Please advice me, if there is any laws that my father can cancelled the previous registration and can have the signatory rights once again without my brother's concern ?
Thnx and rgds