Gift deed
Anil
(Querist) 17 May 2016
This query is : Resolved
Hi,my name is Anil Mago having a 2BHK in Mira road Thane registered only in my fathers name Mr. Brijmohan R.Mago directly purchased from the Builder. my father expired last march 27th of 2015, three months before his death he was very ill due to low Blood sugar, blood pressure,& Multipule organ faileur. he was 73 years when he expired. one month before his death ,when he was sick ie 12th feb 2015, my younger brother who is ten years younger to me aged 40yrs now
with the help of his wife ,who never stayed with my parents from last 10 yrs (Working & Staying away from mumbai & did not even bother to take care of them,with the help of his inlaws got a gift deed prepared from some lawyer in his name , said some bullshit to my father threathened him and took my father to the registrarion office & got the deed registered. my dad who was not at all educated, did not know to read & understand english cud hardly sign scribling his name in english.
my my brother after one year of my dads death gave a copy of the deed to my motherwho is a senior citizen aged 70yrs widowhas asked her to leave the house & go and stay with me being the elder son . i stay seperately with my family in a rented flat close to my fathers comlex.
now the thing is that my mother was not at all aware of this gift deed being given to him & my father was not at all in the frame of mind to tell his legally wedded wife of more than 50yrs were as they both were staying alone in that flat and my mother was taking care of my father all the time all her life. my mother suspects a foul play & cheating done by my younger brother.
she has all the orignal documents with her tht is the orignal aggrement of the flat plus the share certificate issued by the society .
but my brother has thrown her ouy of the house & is presuring the society to transfer the flat on his name & has been telling them tht he has misplaced the orignal documents , which is a lie. my mother has all the orignals in her custody.
pls help my widow senior citizen mother in this case , so tht the property gets transfered in her name rather then in my brothers name.
request to to pls help us in this regard.
Kumar Doab
(Expert) 17 May 2016
Your charge is that owner of the property was forced/coerced/pressurized/intimidated etc and was very sick on the day he is purported to have sign gift deed.
Your mother is shunted out by force from her dead husband's home, where she has been staying.
Did you lodge a police complaint?
Did you lodge complaint with/thru society?
Has the donee presented the gift deed to society?
Do you have the copy?
You may engage an able counsel specializing in such/family/property/criminal/civil matter, show all docs/evidence/inputs on record and understand merits in options that you can have.
Rajendra K Goyal
(Expert) 18 May 2016
your brother has cleverly arranged the events.
Discuss with some senior lawyer, show him all the documents. Proceed as per his guidance.
Meanwhile, your mother may claim maintenance from him.
Kumar Doab
(Expert) 18 May 2016
Indeed it is a shrude mind's orchestrated play.
Certainly you nee to engage a very able counsel.
Guest
(Expert) 18 May 2016
Legally your Brother's Side is very strong.It is also very obvious that you were Not Concerned about your father's where abouts that too when you claim he was very Sick.Ofcourse you could initiate a Legal Battle but the Results would Not be in your favour 99.99%.
