Property dispute
Querist :
Anonymous
(Querist) 12 February 2021
This query is : Resolved
I and my brother are two sons of our parents. My father expired in 207. The property that was there was in the name of our mother. My elder brother took our mom and got the property transferred in his name by the means of gift deed. My mother is illiterate. I was not present in court when she was taken for signing also only my elder brother his wife and his know were present while signing. My elder brother since has not considered my request for equal share of property.
Can my mother file case against him to cancel gift deed done in name of her elder son.
Is there any chance that my mother gets the ownership of property back.
Regards,
Advocate Bhartesh goyal
(Expert) 12 February 2021
Yes, your mother can file suit for cancellation of gift deed before civil court on ground of fraud, coircion and undue influence.
kavksatyanarayana
(Expert) 12 February 2021
Whether the property is your mother's own property or your father's property? If it is father's property, yourself, your brother and your mother have equal rights over the property of your father. If your mother's property she can gift it to any one.
SHIRISH PAWAR, 7738990900
(Expert) 13 February 2021
Hello,
Your brother has fraudulently transferred the property in his name. Therefore your mother can challenge the agreement in the court on the ground mentioned in your query.
P. Venu
(Expert) 13 February 2021
Admittedly, the conveyance has been registered. As such, though you mother can seek cancellation, chances of getting the transfer revoked from a Court of Law is rather remote.
Dr J C Vashista
(Expert) 14 February 2021
It can be cancelled by your mother by filing a suit for declaration through a local prudent lawyer.
Querist :
Anonymous
(Querist) 16 February 2021
Thank you for inputs.
The Gift Deed has also been registered by my brother.
However, during the process, though my mother is illiterate, there is no sign of person who has read it and explained it to her. Secondly the two witness who signed, one of them is wife of my brother and second is again his known person. No family members other then them were present. Are there any chances that if my mother files cases against my brother and request court to cancel registered gift deed, will it be possible to cancel the deed and are there any chances that my mother gets back the ownership of the property.
