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Satheesh Narayanan Thilak   28 November 2024

How to revoke the gift deed obtained unlawfully

Hello Team,

I have a case where by the SON has obtained a Gift Deed from Father for all the inherited property (worth Inr 5-6 crores) without the consent or knowledge of other legal heirs including Mother and Sister. Gift deed was kept highly confidential until the death of his father (suspicious heart attack) in 2013. Father also informed either his wife or daughter about this gift deed. Sister got married to a person of her choice and the main reason was due to the torture she went through at home from her brother. Accused son had a peculiar behavior since childhood in the form of disrespecting, beating and abusing parents and his own sister. 

Mother was staying with son until the death of her husband and after the death of Father, son & his wife (daughter in law) started showing the true colours of their behaviour. Son was of NO help | support to mother for many years. Later on she had to approach authority to get some maintenance charges for her own living. She was living like a slave in her own house and later on she was forced to leave the house in 2020 due to the amount torture or obscene behaviours from her own son and daughter in law.

Mother had a road accident in March 2024 (also suspect that son is behind this accident) and was brought to general hospital for treatment. Son did not show any support to get her treated in a good hospital and he fought with doctors stating that he doesn't have money and wait till his sister comes from abroad. Son did not give consent for surgery and had to wait for online consent from daughter, who is living with her husband in abroad. Son also refused to pay hospital charges and was trying to blame sister for admitting in a good hospital. Ideally son wanted to push her to the last stage of life so that he can escape from all the crimes committed so far. Due to this delay, she went through multiple complications including accumulation of water in lungs (dyspnea) leads pnuemonia etc. She was in ICU for many days and has recovered due to the presence of mind and medical treatment of this good hospital engaged by her daughter. All the hospital bills were paid with the support of Friends, loan through gold mortgage etc.

Now, mother wanted to raise a criminal complaint on son for not taking care of parents, delaying her treatment and pushing her to complications and wanted to get legal support either on the withdrawal of Gift Deed or on the equal partition of all the properties as per the partition act.

Seeking your advise and appreciate if you can suggest a "good, sincere, loyal & trustworthy" lawyer from the community to save her.



Learning

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