Legal Question in Family Law in India

Re: Gift deed

As your father is aged about 77 years and is not well, does not remember things ,the will made by him in this state of mind is challangeable. This can be treated as "Will in extremis" and if you are sure that he was not in a fit mental state at the time of making the will, you may challange it on this ground,. I do not know what proof have you got about his unfit state of mind.

Re: Gift deed

As soon as your 5 brothers try to make use of the gift deed in their favour, for transfer or matuating entries in their favour, you should file a suit of "DECLARATION", that the said gift deed are not valid, and have been made out of Fruad, and Coerision and undue influence due to your fathers Health. Your case has to be very precisely put forward in the court, mind all burden to prove that such gifts are void and under undue influence will be on you.

Further if your father dies, you can file a partion suit and can challenge the validity of the Gift Deed.

Please note, that soon you file a suit, make an application in the registrar office to mark the property subject as LIS PENDENCE

Re: Gift deed

You need to file a suit - subject to what you say is true and it can be prooven - to get the deed of gift declared as void and of no effect. You can also ask for interim relief during the period suit is pending.

Re: Gift deed

Dear Sir,

We have noted the facts mentioned in your case. However please clarify the following aspects:

i) Your religion

ii) Whether the property in question is an ancestral property or self-acquired by your father

iii) Location of the said property

Under Hindu family law a father cannot make any gift of ancestral property according to his wishes. However, in respect of the self-acquired property he can alienate or give to the person of his choice.

Further, we would like to peruse the gift deed executed by your father to suggest you the further course of action to be taken in this regard.

Thanking you,

Yours truly,

Dubey & Partners

310, New Delhi House,

27, Barakhamba House,

New Delhi - 110 001

Phone + 91 - 11-23323884/ 51511473

Fax + 91 - 11 - 23323890

E-Mail : [email protected] , [email protected]

Disclaimer

Actual resolution of legal issues depends upon many factors, including variations of fact and applicable laws. This information is not intended to provide legal advice on specific subjects, but rather to provide general insight of legalities involved upon the query raised. The reader should always consult with legal counsel before taking action on matters covered by herein.