- My mother executed Registered Gift Deed of part of her residential house during her life time in favour of my two brothers. Since one of my two brothers is lunatic by birth, in the Registered Gift Deed she mentioned my two other siblings (a brother and a sister) as the guardians of the property of my lunatic brother. In the Registered Gift Deed nowhere it is stated that the two are the guardians of property of ‘lunatic’ but the guardians of the property of ‘minor’. It may be noted that they are not appointed as Guardians of the property of minor by the District Court.
- On the strength of the above Registered Gift Deed, one of the two guardians (same brother mentioned above) got executed the Family Settlement Deed of the property (originally registered in the name of father) after the death of my father by obtaining the signatures of all siblings including the thumb impression of lunatic brother. His contention is, since my late mother has appointed him and a sister as the guardians of the property of lunatic brother, he will also be the guardian of property (belonging to my late father) of minor brother. He is thus in possession of this property. It may be noted that my late father left no Will in this regard.
In light of the above scenario, I request the learned legal experts to give their valuable opinions on my following points;
- Are my two siblings (stated in para 1) are the valid legal guardians of the property of my minor brother? If so, will they only acquire his property post the demise of the minor or his property will be equally divided amongst all siblings
- Is my brother (stated in para 2) legally right in claiming that he is the guardian of the property of minor brother? If not, can the Registered Gift Deed be challenged in court of law for its nullification?
Thanks in anticipation of your early response.
Fareed Khan
