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Vettri   22 June 2016

Gift deed cancellation

Hello,

I would request you to go through the case history before providing suggestions. I am married and my wife is from Bangalore. My wife has two elder brothers and one elder sister. Her first elder brother serves Indian army for the past 13 years. Second one is working HAL in Bangalore. Her elder sister is married for 5 years now. We got married 8 months back. He second elder brother left home after he got married and he failed to take care of his mom(My mother-in-law) who cared so much for him. Since the financial background of the family was poor she(my mother-in-law) had to depend on her first son. A little about his first son. He married a woman 9 years back and did not let her Mom know about the same. He has a 6 year old son. The lady whom he married is so cunning that she had given him loads of ideas to make him chuck out his younger brother from their house. After his younger brother was kicked out by him. He ensured that his Sisters does not get any gift from their mom. Before i could marry my wife, he demanded his MOM to gift deed the property that they were living in on his name. He also said that he would take loan only after that is done. Withoug any option my Mother-in-law had to gift deed the property. He took 16 lakhs loan for marriage but he ended spending only 8 lakhs. My mother-in-law is a widow and she does not have any sibling to help her. The property was bought on her(my Mother-in-law) name after they sold a property registered on her parents name. When she fell sick before giving the gift deed he started to behave strange by rushing her to register the gift deed. My wife tried to stop her mother from doing so but she wanted her daughter to have the life she waited for. He made her drink liquor continuously when she refused he kept slapping her and kicking her. He behaved so merciless. She had to give up after a huge struggle and she agreed to gift deed the property to take loan. He was offered loan and our marriage got over. He brought in the lady home whom he married 9 years back.She still accepted that girl and treated her so well. To add, he did not introduce that kid as his son. Rather he introduced him as a son of his close friend who died in an accident. He also said that the lady is a cancer patient and she was counting her days. After hearing all these my mother-in-law still accepted him. Post our marriage, he kept torturing him by hitting her and slapping her and that went to an extent that wanted her to leave the house and go somewhere. When she cried to let her be in the house he dragged her out with the hlp of his wife and left her outside the house for the whole night. The next day, he asked her to drink liquor to let her inside the house. Again, his wife and he made her drink the liqour and they dragged her to the bedroom. When she opened her eyes she realized that they dragged her there. Above all of these, when she decided to file a complaint, he kept threatening her that his wife would file a dowry case on her. She was treated so badly after these incidents. I could not control anymore. I made her come to my place and started to treat her as my mother. He called me then and said many irritating incidents. He complaints that his mother was lying nude next to his 6 year old son. I lost my patience and screamed at him for throwing such a worst statement on her behaviour. Everytime he calls me, he says no one can do anything as he is working in Indian army and he keeps saying that he would kill her if she returns home. She wants to get back her home or sell it and settle the loan on her own and live peacefully. I pray none undergo the same. 

Please guide us. 



Learning

 5 Replies

Kumar Doab (FIN)     22 June 2016

You have posted that:

"The property was bought on her(my Mother-in-law) name after they sold a property registered on her parents name."

 

1. What is npersonal faith of parents; e.g. HIndu? The personal law shall decide the succession.

 

2. Believing that they were hindu: If the property was self acquired by the deceased parents and no other sons/daughter wsas born to them then entire estate could devolve on her (your Mother-in-law).

 

3. If she (your Mother-in-law) was the rightful successor and rightly inherited the property then if she has gifted the property by a valid and registered gift deed then it can not be cancelled by her alone i.e without ther consent of donee.

 

4. She may succeed to revoke by court order by proving  all that you have narrated...............

 

 

Get in touch with a very able counsel specialzing in family/revenue/property/civil/criminal matters and show all docs and evidences of record and give inputs.

 

The Indian Army personnel can not resort to rowdiness.

Your able counsel can guide you further.

 

 

P. Venu (Advocate)     23 June 2016

Please state the simple facts, material to the issue.

Kishor Mehta (CEO)     23 June 2016

Sir,

A registered gift deed can only be revoked if it is proved, beyond doubt, and with tangible evidences that the person was either forced, coerced and/or made to sign the gift deed under threat or false promises.

Good Luck,

Kishor Mehta

Vettri   23 June 2016

She follows christianity.

We are not sure whether we will succeed in this case and get back the property. How would we be able to prove that he had tortured her that way. Its been almost 2 months that she was kicked out from the house. 

What kind of evidence will be accepted

Guide me through please.

Kumar Doab (FIN)     24 June 2016

Get in touch with a very able counsel specialzing in family/revenue/property/civil/criminal matters and show all docs and evidences of record and give inputs.

Understand each option,remedy and merits from your counsel.


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