Validation of gift deed commited by coercion of executor
Krishna
(Querist) 15 August 2015
This query is : Resolved
My mother had self acquired property of about 700sq.yds purchased in 1989.
later in 1999 my brother frauduently, executed gift deed from my mother in his favour, as things stood away my mother came to know about it then she revoked the gift deed in 2002.
then my cunning brother filed suit against my mother in 2003 stating that the gift executed to me was revoked by my mother without my knowledge which is illegal therefore honourable court issued summons to my mother but my cunning brother received the summons of my mother without her knowledge by commiting fraud with the court attender (ameen) and made her exparte in that case and received judgement in his favour.
Now my mother want to execute gift deed in favour of both sons, knowing this my cunning brother revealed the truth that court has given judgement in his favour in 2003, now my mother came to know about aforesaid court issue,..
please anyone of you suggest me a remedy,..
seshadri dubey
(Expert) 15 August 2015
at first tell your mother to make a fresh deed of gift as if she had no knowledge of the ex parte decree filed against her and after waiting for few days tell her to file a misc case before the court praying for the setting aside the ex parte order passed against her.
P. Venu
(Expert) 15 August 2015
Yes, the matter could be reopened, if indeed, your brother had abused the process of Law.
However, your overreach in repeatedly ascribing your brother to be cunning suggests that the hapless mother is placed in pincer between two overambitious brothers.
Rajendra K Goyal
(Expert) 15 August 2015
Consult local lawyer and show him all the documents.
Sri Vijayan.A
(Expert) 15 August 2015
It can be re-opened.
What is the stand of your brother at present? and your mother?
After 13 years of decree, You have to work hard to prove your case.
First try to have reconciliation with your brother.
pawan sharma
(Expert) 16 August 2015
Case can be re-open bcz your brother get order Ex-parte of the court with out your's mother appearance. Revocation of gift deed only done if have any such type of condition that she can terminate it on happening of the certain event.
Take the advice of local advocate for the same.
