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Rajneesh Kapur (Researcher)     09 June 2015

Succesion without will

My friend Subhash's father had 4 siblings 1 brother and three sisters. Subhash's father died at a young age, after few years his father's brother also died. Recently his father's sister Santosh also died, leaving behind his son who is mentally unstable. During her illness she kept on asking Subhash to create a trust for the care of his son Sandeep. But Subhash due to his other commitments could not devote time for her. Just before her death Santosh signed a gift deed and also got the same registered with the local registrar in Delhi. The gift deed gave 50 percent of the property where she was living to her son Sandeep and the rest 50 percent to her younger sister's son Navdeep. The property in question is not earned property but it is inherited by virtue of marriage of Santosh in the Soni family. Now after her death the nephew Navdeep is eying on her other properties as well, in which he has no locus. The question to the experts.
1. Can the rest of the siblings (Subhash and his paternal cousins) challenge the gift deed signed in favor of Navdeep.
2. Can the children of Soni's challenge the gift deed executed by their paternal aunt in favor of the maternal nephew.
3. What is the best to do for the benefit of her only legal heir who is mentally unstable.

Thanks



Learning

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