cancellation of gift deed registered under stress and force

Mr.C.A.Murthy (Querist) 22 September 2017 This query is : Resolved
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Mr.C.A.Murthy (Querist) 22 September 2017
sir.
My wife has two brothers they ar children of an adopted father having propertyin machilipatnam AP.she was made to singh a giftdeed to both brother for the grandparental property by torture and black mailing their mother who is dead.My wife is a chronic depression patient so thwe brothers have taken advantage and made her singh the gift d�ed.after alot of persuasion they have agreed to give her some property in wroting on whote paper but from last 10yrs no execution of that written promise know i want to cancel the gift deed and claim my share under the NTR marriage Act where girls getting married after1986 ar eligible for equal share....pl advise

Rajendra K Goyal (Expert) 22 September 2017
After such a long time, gift deed may not be cancelled on the given grounds. However discuss in detail with local lawyer.

Ms.Usha Kapoor (Expert) 23 September 2017
You file a case with condone delay petition claiming a share for your sister in her father's ancestral property from her brother's. as she is also a coparcenher and have equal rights in ancestral property on par with her brothers whether she is married or not. in 1986 or even under amended Act of 2005 of Hindu Succession Act.

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Sudhir Kumar, Advocate (Expert) 23 September 2017
Given facts do not indicate that you could prove duress and also whether you could justify delay.

Guest (Expert) 23 September 2017
Description of query is quite vague. If your wife was patient of depression, you were not. How they could get gift deed from your wife. Further, when you came to know, why not challenged in the court of law?

P. Venu (Expert) 23 September 2017
Was the gift deed registered?

Dr J C Vashista (Expert) 24 September 2017
Well analysed and opined by expert Jigaysu, I endorse and expect missing information to form an opinion and advise.
It would be better to consult and engage a local prudent lawyer for proper analysing of facts and circumstances of the case, guide and proceed, if you are really/seriously concerned and there is "some" truth in your statement.