Gifd settlement deed

kmk (Querist) 25 September 2016 This query is : Resolved
Hi

This is Mahesh and we are a children of 12 members to our parents and my father has expired in the year 2012 and he has made a gift settlement deed in the year 2010 with out our other family members knowledge and now i am asking to do the partition to my family member but 2 of my brothers are saying that my father has done a gift settlement deed in favor of them as the property is self acquired by by my father. please suggest as i am in a total confusion

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Kumar Doab (Expert) 25 September 2016
It is believed that you are Hindu.

If property is self acquired and disposed by your father in his life time by a valid gift deed then unfortunately you have NO share.

Options are that the brothers (Donee) by their sweet will may agree to give some share to you.

If the gift was made under coercion, threat etc the court of law may revoke it on merits.

adv.bharat @ PUNE (Expert) 25 September 2016
Mahesh u can settle family dispute by amicably by discussion.

Rajendra K Goyal (Expert) 25 September 2016
Whether the brothers are providing copies of gift deed, if so get it checked by local lawyer to find out whether any technical drawback exist which may be in your favor?

If not, take a certified copy from registrar office.

It it is gift deed, it can not be cancelled in absence of any major technical defect.

You can try amicable settlement otherwise.

Raj Kumar Makkad (Expert) 25 September 2016
I suggest you to file a suit for partition before the local civil court impleading all legal heirs of your deceased father claiming yourself owner in possession of 1/12th share and let your brothers come and submit the original copy of gift-deed before the court and in replication get it challenged on all possible grounds.

Kumar Doab (Expert) 25 September 2016
Consider:

gift settlement deed in the year 2010

father has expired in the year 2012

Are you all staying in the same property?

the worth of property

any other accommodation for rest of 10 members of family

If the 2 brothers have been silent then there might be some reasons.

A settlement might be possible.

Explore and settle if you can.

Or court is the option.

Guest (Expert) 25 September 2016
Mr. KMK alias Mahesh,

Suggest for what, when you have not stated what is the base of doubt about gift deed?

A property owner is not bound to make his intention known to all the family members to dispose of his property.

Partition can be possible only if you are legally able to prove the gift deed as null & void or illegal.

You may better contact some local lawyer to discuss your problem in detail.

Raj Kumar Makkad (Expert) 25 September 2016
Local lawyer even cannot discuss if you have not possessing the copy of alleged gift-deed. If you have then you may even seek advice of experts here.

Kappil Cchandna (Expert) 26 September 2016
Sir,

Take the certified copy of the gift deed from the registrar and if you feel that gift was not made with the free will, you can seek cancellation of the gift deed.

Warm Regards
Kapil Chandna Advocate
9899011450