Dear Lawyers India
Greetings
I am NRI, Profession Marine engineer, since 1982.
Earnings started after Engineering graduation, 1980 and sending money to Father since then.
My father acquired properties some on my mother's name(Brought from mother's mother and registered as GIFT deed) and some on his name (Agri Lands) and some in my name.
in 2008 mother passed away, he transferred mother property on his name with a will written by mother and Notarized the will when my mother alive.
in 2009, as he was getting old about 84 years, at that time, I got it transferred the landed property on my name and my son"s name in the form of GIFT DEED.
For some days it was normal, however, with influence of my younger brother, my father wanted to take back the agri lands on his name. He went to sub registrar and applied that I am cheating him and get back the lands.
the GIFT deeds are unconditional and no clauses added. the Gift deeds registered in Sub registrar's office in 2009 after paying the stamp duties and the formalities.
in 2011 July my father managed to get the registrations cancelled from the sub registrar.
The Question-
1. WHat I have to do now to prove that earnings are mine. I have some bank statements in support of funds transferred to him.
2. some sent in cash for which i do not have any proof.
3. My brother filed a suit in district court that mother's property shall be shared by him and Will acquired by my father is not valid and I think my father may support him. The notices sent was not received by me because of my stay overseas. They made a publication in a local news paper and all this has been done very secret and my father after receiving summons exparted himself in this case. now this case is final call on 30th August which we learnt through our appointed advocates.
4. How I can prove that the GIFT deeds are genuine and registered, how a sub registrar can cancel the deeds unilaterl without any information to us.
5. How I have to proceed to prove my genuine approach and my father and brothers are cheating me with illegal deeds.
Appreciate your reply and any further clarifications shall be provided.
kind regards