Dear Sir/Madam Location- Jalgaon, Maharashtra My father has self-acquired property (house). He is 87 years old, permanently in a wheelchair, 90% blind and 80% deaf. He is also forgetful and unable to use his judgment and discretion. My younger brother lives with him in the same house. I am abroad and my sister lives in Mumbai. My father is physically completely dependent on my brother. Using this dependence he used force and coercion to prepare a gift deed of the house in the name of my younger brother. According to the gift deed, the house is gifted to my younger brother. My brother misrepresented the facts and convinced my father that he will give me my due share in due course. My brother has not given me a single penny. I wish to challenge the gift deed in the court of law. Which court should I be approaching? (District court?) The gift deed was registered in May 2017. Is there any time limit to file the case? I do not have any documentary proof of my father's disability, however the disbility is self-evident to anyone who sees him. How can I convince the court of his disability?
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1) you can file suit to set aside gift deed on account of coercion if father was forced to execute gift deed in favour of younger son
2) it should be filed in district court having jurisdiction
3) suit should be filed at the earliest within period of 3 years
4) mention that father is 90 per cent blind , 80 per cent deaf
In a gift, it is essential that:
a. transfer of the property through gift was made voluntarily.
b. donor was a competent person, in the sense that he was mentally fit to exercise his own dicretion.
In your brother has coerced your father to execute the gift deed in question, and the transfer of this property through gift was not voluntarily, go ahead and file a suit seeking cancellation of gift deed.
Contact a local lawyer.
This suit will be filed in the District Court, within whose territorial jurisdiction the instant gift deed was executed and registered.
Seek an order of status quo as an interim measure so that your brother is restrained from creating 3rd party rights upon this property.
Hire a local advocate and challenge the gift deed in the district court, Jalgaon. Get a certified copy of the Gift Deed from the office of concerned Sub Registrar. To file the suit for declaration, the time limit is 3 years. Get your father impleaded as party to the suit so that he may apprise the court about the exact status of execution of Gift Deed and/or status of his own disability will be proved before the court. But be fast. Take stay from the court against your brother so that he may not transfer the property in favour of any third party and third party may not further create further interest over the said property and it may further go so on and in that event you will not able to catch them and consequently get nothing.
1. It is expected that at the advance age of 87 years, one becomes forgetful and also succumbs to coercive measures applied on them though the law of our Country does not make the deed executed by such an old person as invalid.
2. You shall have to establish it exclusively that he is not mentally fit to execute a deed or any such legal document for the incapabilities associated with his said advance age.
3. Try to collect evidence of his age associated ailments and defficiencies as much as possible.
4. Thereafter file a police complaint alleging that your brother has forcibly got a gift deed registered by your father.
5. File a declaratory suit praying for a declaration that the said gift deed has been executed under coercion for which it is required to be cancelled and also praying for a direction upon the Registrar to cancel the registration of the said gift deed.
6. Another application shall have to be filed praying for an injunction restraining your said brother in dealing with the said property till your said suit is disposed of.
On what grounds you want to challenge the gift deed? If on his disability to be of sound mind, blind and deaf?
Please make sure that you must have the documents to prove that and also remember that he is still alive and even at this stage paper in the court.
That is his self earn property and have right to gift to any one.
Please take this action only when you have some documents to material facts
1. Gift deed can be challenged in the court if law it if it alleged that it is the result of force , fraud or material msireoresntion perpetrated on the donee by the beneficiary of the gift.
2. So if a transfer is not the outcome of free and fair will OF THE Donor the court can set aside the deed of gift.
3. If your father is alive then his presence in court and testimony would be material in the poutcome of the case.
All the best.
1) You have personally visit to India and take your father to Doctor and take certificate from him or her, from how many days your father is suffering from blindness and deafness.
2) As you father is alive you can challenge the gift deed.
3) try to challenge gift deed as early as possible.
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You can challenge the execution and registration of the gift deed in doing so you may have to prove before the court that your father is not in sound mind and unable to do any physical work by him self.
File case with all the documentary proofs. Just challenging the gift deed before the Civil Court with out the documentary may not get you the results.
If you have no medical history of your father, get your father checked by any other doctor and produce the certificate and finding of the doctor to the court.
I wish to challenge the gift deed in the court of law. Which court should I be approaching? (District court?) Based on pecuniary and territorial limits, you have to file a suit for permanent injunction and to declare the gift deed as null and void as it has been obtained by exercise of fraud. vide Sri.A.Dass vs Sri.Chowri on 4 November, 2017
The gift deed was registered in May 2017. Is there any time limit to file the case? Within 12 years you can challenge the gift deed. vide Jagrano Kunwar & Ors vs Smt.Nirmala Devi & Ors on 10 February, 2011.
I do not have any documentary proof of my father's disability, however the disbility is self-evident to anyone who sees him. How can I convince the court of his disability? If he is alive, the court can infer the circumstances in which the gift deed has been obtained. You have to at least provide some amount of documentary evidence to substantiate your averments.
Dear Client,
You have no Locus Standi to challenged to GIFT DEED in the court as ur father is still alive.
Get his medical status, will be helpful to challenged the gift deed.
The pecuniary jurisdiction depends upon the value of the suit property.
You are within limitation period to file the case.
Since it is your father's self acquired property he can alienate it as per his will. You can challenge the gift deed on ground that no consent was given by the owner of property and it was done under duress/coercion or non-payment of adequate fees for registration(if it is the case here).
As far as disability is concerned you can get disability certificate from Govt. Hospital.
file a civil suit challenging the validity of gift deed on the ground of force and coercion before district court. wherein your father will be produced to prove his consent of executing gift deed without force and coercion. and automatically your father's disability will prove.
1. If you want to challenge the gift deed then do it only after the lifetime of your father. Even if you challenge the gift deed now your father can cancel the gift deed and execute a fresh gift deed supported by a doctor's certificate in favour of your brother.
2. The limitation to challenge the gift deed is 3 years.
1. IRRESPECTIVE of anything, a Duly Stamp Duty paid & Registered GIFT DEED, shall remain perpetually IRREVOCABLE, at the hands of the known /unknown legal heirs. BUT to the exception of legally and successfully proving that the Gift Maker was of unsound mind.
Keep Smiling .... Hemant Agarwal
First of all you should get a medical certificate with regarding your father's health especially about his unsound mental health and physical disability and it should be dated back to the date prior to the date of registration of this gift deed and it should continue after that also.
After obtaining the above said certificate from an attending physician, you may file a suit for cancellation of the said gift deed for the reasons stated therein and also you may file a petition seeking to appoint guardian for your disabled father to take care of his properties during his lifetime.
Being in US, it may be little tough job but you can manage all these by engaging the services of an experienced lawyer and support of a Power holder on your behalf.
The time limit is three years from the date of execution of this gift deed.
You can certainly challenge a registered gift deed in court of law by suit of declaration. It is however difficult to prove the same. You should have clinging evidence to show that it was against the wish of owner of through fraud, misrepresentation, coercion etc. As it is registered gift deed under sec 17 of Registration Act 1908 it becomes a valid and authentic document.
You can file the suit in District court within 3 years if knowledge of the same.
Good luck
