Finger print testing in civil / propertycases

Seek professional services of your lawyer if engaged.

Prima facie  facts of the question paper are vague and undisclosed.

What exactly you are referring to as "deed". Is it a Will or a Sale Deed. In both cases, whether the said document is registered? What exactly you mean by the mental illness of the father?  If it is established that the father had a mental illness, what is the nature of such mental illness? Is it of such type which clouds his judgement and he does not understand what he is doing?

Unless you can share real and full details, it is not possible to give any clarification.

Administering a prescribed drug at a particular point of time is not a valid clause for challenging a deed, and the deed must be challenged by establishing fraud, undue influence, and also by cross-examining the witnesses etc.  It is the weakest ground to challenge.  One can challenge deed with such assumptions, there is no bar, but the opinion is very hard to establish a deed invalid and unenforceable while seeking cancellation through the court.

It's a registered gift deed.. father was mentally ill son use to hide wrappers or Packaging of medicies that are given for management of schezophreina. Legal hier found the bag full of medicine wrapper accidentally ..this wrappers must have the finger prints of the son who use to give these medicines to father.. will this be any help in case of challenging gift deed on the basis of mental illness of the donor  

Dear Queriest,

You say your brother has got the property by way of Registered Gift Deed. Can you prove in a Court of Law that the Gift Deed was made by your father when he was not of sound mind? It is a Registered Gift Deed and while Registering it,  the Registrar representing the Government has satisfied himself that the Gift was made by your father properly and as per the procedure and hence registered the Deed.  Otherwise, Registrar would have refused to Register the Deed. Now the key may be the Witnesses to the Gift Deed. Will they come and under oath say that your father signed when his senses were not with him and thereby admit that they added their Witness when they know that his capacity to sign the document was not there?

Further, from when your father was Schizophrenic and when the Gift Deed was Registered. As per the law, even a lunatic can enter into a contract and it will be valid provided, he entered into a contract during his spells of normal behavior. Therefore, if your file a case, you are free to do so. But the issue becomes a Medico-Legal case and onus of proving that your father was not of sound mind at the time of Registration, as against solid and strong evidence of Registered Document. I am not trying to discourage you but trying to inform the pitfalls. Fingerprints on wrappers of tablets can be only circumstantial evidence and may not be accepted as the primary evidence as it is difficult to prove that the tablets in those wrappers were in fact given to your father.

Depending upon the value of the property, you may take an appropriate decision to file a case or not.  

File suit for cancellation of gift deed with proof  who knows what happens in court,try your best effort advocates are their who will guide you properly (?)god is great.hey may come to compromise.

Facts posted lack clarity. Please post simple facts, avoiding assumptions, presumptions and subjective opinions.

In reality registrar does not bother about finding out the mental condition of the donor..I am thinking of filing PIL to make registrar more responsible or som new law that prescribe age limit and background check. Lot of people get into trouble because of this unrespnsible behaviour on the part of registrar

Where is the question of PIL in a personal matter? The posting is based on assumptions, presumptions and subjective opinions than facts which involve any tangible issue.