Mady (Tech lead) 30 September 2013

Can my father give the entire property to my brother

Hi All,

We hare basically from Tamilnadu and my father has bought a land (4 acrs) 20 years ago. We are 3 brother and a sister. Very recently my elder brother acts strangely and has made my father sign a documnet which states that my father ows 30 lakhs to him (father is out of steady mind now). His intention is to take away the entire property himself if there is a partition.

And i am also afraid if my father will be cheated again to sign and give the entire property to my brother alone. Please addrsess the below questions.

1. Is the 30 lakh credit doc valid?(signed in a 50 rupees stamp papper)

2. Can my father give the entire property to my brother alone ?

3. What shoud i do now ?

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2 Replies

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law) 01 October 2013

Respected Sir

Your query totally depends on the nature of the documents which has been signed by your father. Without knowing the details of that, it is hard to interpret the situation.

2.Yes, legally your father has full authority to give the property to your brother without giving anyone else any share.But then again, it depends on the documents which he has signed. If it has legal binding, then there needs to be no stamp paper or anything similar.

3.You should now inquire and discover the document which has been signed. Once you realise that it is a document denoting disposition of property, you are to move to court seeking cancellation and declaration of the document as null and void.