Legal Question in Civil Rights Law in India
Dear Sir / Madam,
My name is Ramaiah priya from Tamilnadu ( india ). My mother has a land property. Unexpectedly she died in 17-8-1990. My mother nominee is only me, ( first wife has only one daughter, that�s me ). My father married second time, after first wife's death. Now second wife has one boy and girl. Last year of 2006 my father given his own brother�s son to gift settlement (sold) half of the above land property on his own without my consent. That time my is age 20. ( I born on 1986 ) The man who bought the land property is torturing our family to sell the other half of the land to him. We compliment to the polish station also, but they are not solved to this problem. My friend told me that your father can rights cancelled the gift settlement.
Question�s:
1. My father can cancel the above gift settlement ?
2. Have I ( father ) rights now?
3. If I want to cancel the Gift Settlement where shall I go to cancel?
(by register office OR by court )
4. Is it legally correct ?
Regards,
1 Answer from Attorneys
1.Your father has absolute right to repeal the gift deed when the purpose and intention of the donee was proved malicious.
2.You will have rights to annul the gifted property by approaching the court as your father has no right to gift the property of your mother at his will,when you were a major and without your consent.
3.You have to file a petition in the civil court.
4.Its very much legal.
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