Legal Question in Family Law in India

Dear Sir/ Madam,

I�m from Hyderabad, Andhra Pradesh. My parents had properties worth around 2 crores. We are 3 brothers and 4 sisters. Two of my siblings (one brother and one sister) who stayed with my parents grabbed 90% of those properties, whereas we other siblings got just small shares.

While my parents were still alive, the above mentioned duo siblings showered false love and affection on one of my by birth mentally unsound brother in order to gain the confidence of my late parents and grab the property share of my mentally unsound brothers. My parents believing that my both siblings would take proper care of my unsound brother post their death, executed Registered Gift Deeds of their 3 residential houses in favour of my mentally unsound brother. However, in all the Registered Gift Deeds, both my siblings got their names incorporated as Natural Guardians of mentally unsound brother. In all the Registered Gift Deed it is mentioned that since the brother is minor, both will be his guardians, whereas in fact he is not minor but mentally unsound by birth. There was also an agricultural land in the name of our father. This land also one of the above two siblings acquired vide Registered Gift Deed which was also signed by all siblings including my mentally unsound brother and a sister who was 17 years that time.

Now my mentally unsound brother is left to begging. He leaves the house in the morning and comes back only in the late night. Both my siblings do not care him at all now, though he stays with them.

In the above circumstances, kindly advise if my two siblings will remain the guardians of this mentally unsound brother for ever. Can we approach the Court to transfer their guardianship to other siblings. What grounds we can present to the court to annul their guardianship and transfer the same to other siblings. Does the limitation period apply here as the registered gift deed were executed during the years 2000 to 2002

I shall be highly thankful if you would k kindly reply me in the matter.

With regards

Sultana Khatoon


Asked on 5/03/14, 4:22 am

1 Answer from Attorneys
anuradha Dixit +9312411481 dixitlawfirm

I will need to go through the giftdeed to advice you a gift deed is perse irrevocable but since the mentally chhallenged brother is involved let me have a look at the papers and then I can advice.

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Answered on 5/03/14, 4:47 am


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