Legal Question in Civil Rights Law in India

cancel of gift settlement deed

Sir,

we are 3 sons to my father i am living in hyderabad they all are staying in my father residence. my father is sever sick since May, 10th 2008 he was dead on 02 August 2008 in between my younger brothers are forcely get gift settlement deed on 23 June, 2008 without information given to me. the property earned by my father. How can i approach to cancel the gift settlement deed. Please clarify


Asked on 10/03/08, 2:52 am

3 Answers from Attorneys
Homi Maratha N.N. Maratha & Co.-Advocates

Re: cancel of gift settlement deed

You may engage a lawyer and file a suit for stay and challenge the gift deed.

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Answered on 10/03/08, 6:50 am
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

Re: cancel of gift settlement deed

if the gift deed is genuine and is executed by your father and it was your father's self earned property, your case would fail after a few years of filing. in case you can prove that the property was joint or HUF, u may succeed in getting the deed cancelled.

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Answered on 10/03/08, 7:50 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: cancel of gift settlement deed

The gift of a self acquired property by father in favour of his sons is valid. You may not succeed in your challenge unless you could prove that at the relevant time your father was NOT OF SOUND DISPOSING mind. The burden will be very heavy upon you to prove this and presumption will be in favour of your brothers.

try for an amicable settlement within the family on whatever terms possible.

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Answered on 10/03/08, 8:38 am


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