Legal Question in Real Estate Law in India

my father gifted me a part of his property 3 yrs back .now he has a change of mind, he wants to take it back on the insistence of my elder brother. and has challenged in the court that it was fraudulently accquired by me under duress the witness during the gift deed was my sister who is also now siding with my father. I am not the only son we are 4 brothers and 4 sisters .what are my chances of retaining the property


Asked on 10/28/11, 1:55 am

2 Answers from Attorneys

Sudershan Goel India Law Offices of Sudershan Goel - Advocate

If it is found that the gift deed was executed in your favour not by free consent but by fraud, or duress or coercion or misrepresentation, the same may be declared null and void by the court and you may have to return the property.

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Answered on 10/28/11, 2:36 am
Shrichand Nahar S.V.Nahar, Advocate

In any litigation, if one has to assess chances, then same may be 50:50. One may win the case as also one may also loose the case.

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Answered on 10/31/11, 10:36 pm


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