Legal Question in Civil Rights Law in India

Dear Sir/Madam

I am a Hindu residing in Salem. My father who worked as a bank manager had a self acquired property which he gifted to me by a registered unconditional settlement deed in 2011, all municipality and electricity records have been transferred into my name and taxes, bills are being paid by me. But now after two years my brothers have pressurized my father and cancelled the settlement deed saying it was done by undue influence & coercion.

Can a registered settlement deed be cancelled?

Is the registered unconditional settlement deed made by my father to me in 2011 valid?

Please guide me how to counter this issue and proceed further.


Asked on 9/01/13, 9:30 am

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

01.09.2013

Dear Sir / Madam,

A registered Gift deed can only be cancelled at the behest of the donor (in this case your father). The registered Gift Deed made by your father in your name is legally valid and your brothers have no legal authority to cancel the registered Gift Deed made by your father in your name. The onus lies on your brothers to prove that the Gift Deed done by your father was under undue influence and coercion, which will not hold in the Court.

Regards,

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Answered on 9/01/13, 9:35 am


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