Legal Question in Civil Litigation in India

Dear Sir,

I have a query,kindly help.My wife is working has a brother and sister.My both in laws died after leaving two properties,consisting a house and an open plot.My brother in law who stayed separately before my mother in law died and occupied the house soon after her death.Now as he want to extend the house he sought for a bank loan and they asked for the property to be in his name then only the loan can be sanctioned.So he asked his both sisters to sign on a release deed.After a small bash and all ultimately they both have signed it and he got it registered in his name,before that he entered into my premises and abused me by using filthy language very harshly and threatened me and my wife with dire consequences if she was not sent for signing the document at the sub-registrar office and with a fear of defame of my repute and prestige I was silent and my wife,a very innocent and sensitive woman,has signed the document out of fear.My question is,as per law,in the absence of a will, all the siblings would get equal rights in the property irrespective of their genders,so after signing on the registered release deed,can my wife get her share in the property by getting the deed cancelled through court,as she was not willing to sign at the time of making the deed but my brother in law somehow threatened her and took the signature.As a matter of fact,my wife is a patient getting treated for schizophrenia(psychic problem)and she always would be under some depression or mild situations.Can I approach court by showing her mental condition and if I show that cause would it be a danger to losing her job,of course she is performing her duties very well and the doctor who is treating her presently has also confirmed that she can do her work without any problem or any hurdles but she will get agitated whenever she is surrounded by so many relatives and kin.The main reason behind all this would be her childlessness.However,in my opinion I can show the cause of her mental disorder and would plead that her sign would be valid due to her condition,what would you suggest.We both don't need the property but when she gets to be treated for a long period definitely we need money for her treatment so I need assurance for her treatment thus I am seeking rights for her in the property.For your information her illness was prevailing before my marriage with her and became aggressive only after 5 years of my marriage,where I came to know and my brother was claiming that she was normal before the marriage and only after marrying me she acquired such disorder.By the way,my brother in law has produced a bio data of her sister before my marriage,in which he decreased her age by 3 years,so that I can satisfy that she was younger to me by at least 5 years as I had put a condition that there should be at least 5 years gap between me and my wife.So keeping in view of all these kindly suggest me the best way and possible outcome.

Thanking you,

best regards,

1 Answer from Attorneys

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