Yes, you may very well challenge the partition now. Please arrange to file a suit at the district court where the property is situated. You should have adequate medical proof of your mental health at the time of your mother's death and the partition, in order to be successful in your attempt.
Partition suit
Sir, I'm a 30yr old male living in Kurnool. Two years ago in 2019, 3 months after the death of my mother, my uncle, my mother's younger brother, prepared a partition suit for my grandparents' properties and obtained my signature without showing the document to me.Two months later he transferred one of the properties to his wife by way of gift deed. I was suffering from severe depression and cognitive dysfunction after my mother's death and was unable to think or take decisions property. My judgement was clouded too. I recovered from depression only 6 months ago. Now I've come to the decision to challenge the document. Can I challenge the validity of the document? Kindly advise me as to how to procced? .
Asked 3 years ago in Property Law
Religion: Hindu
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9 Answers
File suit to set aside gift deed executed by uncle and claim your equal share in property
seek injunction restraining sale of property by Aunty
1. If you can obtain sufficient evidence to prove that you were under depression like Doctor's prescription, tablets, medicines, hospitalisation, treatment, etc and during that time only your maternal uncle took your signature on the document.
2. File a suit in the jurisdictional Court for cancellation of the registered partition deed/release deed stating that it was done by your maternal uncle under fraud, threat, cocersion, etc and pray the Court to quash and cancel the registered document, wherein your signature had been taken by force when you were under depression.
Hello,
- It is important to know if a partition suit was prepared or a deed of partition/ family settlement. The latter is the possibility which enabled your uncle to make the Gift deed.
- You will have to challenge the documents by filing a Civil Suit in Court stating that your consent and signature was obtained fraudulently when you were medically unfit and suffering from cognitive dysfunction.
- It is important to obtain a medical certificate from the doctor/ Psychiatrist who treated you certifying that in such medical condition, you were unable to make your own decisions. Your entire case will depend on your proving that fraud was committed and you were mentally unfit to make a decision for yourself.
Dear Sir,
You can immediately challenge such document by filing a partition suit by producing all your medical certificates and death certificates of your parents.
If you have proofs to prove that you were not in a stable mental condition then you can win the case with the support of documentary evidences in your favor.
You can file a suit for partition and add all these documents and evidence to prove your claim.
At the same time you can file another application seeking to cancel the registered relinquishment deed executed by you during your unstable mental health condition by attaching the medical documents to prove your claim.
Dear Client,
You can challenge the validity of the document. If you have any proof to show your mental state back in those times, then it will be accepted.
Thank you
- As per law, after the death of your mother , her share in the property of grandparents can be claimed by you
- Further, only taken your signature is not enough for your consent in the absence a registered release deed from you.
- Further, as the said property transfer by way of gift deed , then you can challenge the documents legally after filing a Partition and declaration suit before the court for getting the share in the property and to declare the said gift deed as null and void.
Yes you can challenge the Same. If you need any further assistance then you can approach me through kaanoon or LinkedIn.
https://www.linkedin.com/in/PRASHANT-NAYAK-5477B138
