Gift transfer of house to my brother by my father( deceased)
sureshjeyasudha
(Querist) 24 October 2016
This query is : Resolved
Respected sir/ madam. My father (now no more) is having one wife (mother of six children) 1st son,2nd daughter,3rd son,4th son, 5& 6th daughters. Our father bought a house in 1980. In june 2005 our father(age at that time to him wad 72) gave that house as gift to 3RD SON as gift through registration. In 2006 he and his wife sent out our parents from that house by assaulting them and by threatening them that if they continue there they will kill them.From 2005 after my marriage myself (4th son) came out from there due to the cunning activity to another place 80 kms away from there. Our elder brother left our family during 1980 for his higher studies and left out permanently after his marriage during 1991. The fraud brother (3rd son) got married during 1995. From 1991 and after 1995 december, he was not in the house. In 1995 after his marriage his wife gave a police complaint for dowry case eventhough no dowry by way of cash or kind was received by our parents. Through that fraudulent case they went separately. In 2003 myself helped those frauds to settle down at this house eventhough they went out in a fraudulent way because of their economy problem. Later he teased myself and my wife indirectly by using curse words through astrology if u both life with our parent either u or u r wife will die. Myself (fool) believed these words and came out. He and his wife used this situation and made my father to give gift settlement, which was unknown to me. My self (4th son) helped for the marriage of all my brothers and sisters with financial assistance for the marriage. No brothers helped financially or physically to the marriage of sisters. After sending out of parents , my father and mother came to and settled down with me. After that my father told that he wad totally cheated by his 3RD SON. He told that he is going to cancel the gift deed and cancelled the same. He approached the munsif court to get injunction. Now my father is no more. What other brother and sister, mother and myself have to do in this regard. Suresh. Andipatti.
sureshjeyasudha
(Querist) 24 October 2016
Please give suggestions in this regard.
Advocate M.Bhadra
(Expert) 24 October 2016
If a registered Gift Deed once executed by your father in favour of your one brother during his life time then now you can not claim the share of the property.
It may have possible if your father would have filed a suit for cancellation of gift during his life time and have to proved that there was fraud and coercion.
Now you should forget your share over the said property.
Kumar Doab
(Expert) 25 October 2016
You have posted that:
"He told that he is going to cancel the gift deed and cancelled the same. He approached the munsif court to get injunction. Now my father is no more."
Your able counsel may opine that your mother etc agitate after death of your father.
You may build irrefutable evidence of averments posted by you in the thread.
Rajendra K Goyal
(Expert) 25 October 2016
You said:
He and his wife used this situation and made my father to give gift settlement, which was unknown to me.
Reply;
It was self acquired property of your father, he had all rights to gift this to any one, you have no claim / no challenge from you possible.
You said:
He told that he is going to cancel the gift deed and cancelled the same.
Reply:
Gift can not be cancelled normally till all parties to it agree to cancel it / or have legal defect in it.
Rajendra K Goyal
(Expert) 25 October 2016
You said:
He approached the munsif court to get injunction.
reply:
meet the lawyer / get the details of the case.
You said:
Now my father is no more. What other brother and sister, mother and myself have to do in this regard.
Reply:
If it was registered gift deed, no claim exist from your side.
Kumar Doab
(Expert) 25 October 2016
You have posted that:
"He and his wife used this situation and made my father to give gift settlement"
Rest you have posted many averments to show that gift deed was got signed under coercion/force/pressure etc etc .............
Rest; Discuss with your own counsel.
Your mother can claim maintenance from all children.
Dr J C Vashista
(Expert) 26 October 2016
Be brief in posting your query.
Consult a local lawyer.
