Legal Question in Construction Law in India

Dear sir/madam,

We are 4 sons to my dad. My dad aged about 65 yrs(ill health/ senior citizen/suffering from epilepsy) without knowledge made gift deed in June 2012 to the 1st son. My brother cheated my dad by telling him to sign the document which is relevant to absolute sale deed executed in the name of my dad. My brother made cheating by signing up the document for Gift Deed. My dad got injunction and stay order. My dad recently constructed 3rd floor house to get some rent for his survive/ medical expense/for lawyer fees. Now BBMP officer is objecting for my dad�s 3rd floor construction house. Khatha is registered in the name of 1st son (defendant). Please clear my doubts:-

1)How to make an application for regularization as the gift deed executed in the name of 1st son(defendant) still the case is in pending..!!!!

2) Please advice any routes to save my ill health, senior citizen dad from all this problems. Your suggestions are very valuable to us.. Thanks


Asked on 1/21/13, 5:28 am

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

21.01.2013

Dear Sir,

(Ashok Nagar / Banashankari / Dasarahalli / Sri Nagar, -Bengaluru)

A Gift Deed is revocable by the donor. Your father may initiate the necessary action for revocation. Since the matter is subjudice, your father should request and plead for quick disposal of the case by the sitting bench, hearing his writ petition.

Regards,

FCA Prashant Chavan

Mumbai

(You can also mail me for any further on-line advice at [email protected])

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Answered on 1/21/13, 7:46 am


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