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qader (clerk)     24 April 2014

Minor/mentally unsound siblings executed the regd.deed

Dear Sir,

 

There was an agricultural land in the name of my father. In the year 2002,  we all (4 brothers and 4 sisters) executed Registered Gift Deed in favour of our brother at the office of Sub Registrar. He promised us giving handsome money to all in lieu of our executing the Gift Deed in his favour, However, he failed in his promise, but gave nominal sum to all..  Amongst the Registered Gift Deed executants, one of my sisters was minor (she was 17) and another brother is mentally unsound by birth.  These two siblings also singed the Registered Gift Deed Documents.

 

Can we now challenge the Gift Deed on behalf of both siblings on the ground that one is mentally unsound and another was minor at the time of execution of Registered Gift Deed. Does the limitation period apply in this case?

 

I shall be obliged if you could kindly advise on the above matter.

 

Regards

 

Ahmed Khan




Learning

 2 Replies

Mahesh R. Sonawane (Lawyer/Fight for justice)     24 April 2014

Yes you can challenge it as the said will deed is not legal.

To get in limitation by sending Legal notice with recent cause of action..of knowledge, breach of conditions, majority of minor etc.

Adv Archana Deshmukh (Practicing Advocate)     24 April 2014

A mentally unsound person cannot sign a gift deed. You will be able to challange the gift deed, Consult a local lawyer with detail facts and take further steps as per requirement.


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