Can a registered deed be cancelled when it was signed by a minor 35 years ago?

Showkath (Querist) 12 May 2013 This query is : Resolved
My father had 3 brothers and he had got a registered gift deed in 1976 by my grandfather which was signed by his two brothers one was major and other was minor (16 years) at that time. Another brother who was extremely alcoholic had gone away for years and they couldn’t trace him out that time. So gift deed was registered only by two brothers thinking that the 3rd one never come back.

After a few years, the 3rd brother got back surprisingly, but this is not a problem so far.

Unfortunately, in 1998, my father was passed away.

The problem is now that the 2nd brother who was a minor (16 yr) in 1976 is threatening us that he would log a complaint (in 2013) in the court that he was minor when the deed was registered and he wants this property share, after 35 years since we have been living and paying the property tax for this property.

He (2nd brother) is currently enjoying the property which is still in name of my grandfather. Despite having this property, now he become greedy and wants to acquire our property too.

We never showed interest on my grandfather's property but my uncle (2nd brother of my father) is currently having hold of it and he also want our property too.

I have a few questions pertaining to this

1. Can my uncle get hold of our property, despite we've been living since more than 35 years, and he is enjoying my grandfather's property?

2. Can we register this property on my mother's name? But my 3rd uncle not signed on the gift deed on 1976. But he is okay to sing now

3. Can we file a counter case against my uncle saying that we do have rights on my grandfather's property?

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Adv. Chandrasekhar (Expert) 12 May 2013
1. Can my uncle get hold of our property, despite we've been living since more than 35 years, and he is enjoying my grandfather's property?

No. If your grand father was competent enough to gift the deed property, consent of your uncles was and is not required. If gift deed was duly registered, at present no one can get its possession. Even though your uncle may file a case but he cannot succeed.

2. Can we register this property on my mother's name? But my 3rd uncle not signed on the gift deed on 1976. But he is okay to sing now

If the gift deed was registed in your father's name, after his demise, his mother (your grand-mother-I suppose she might not be surviving, your mother and you and your brothers and sisters are entitled to this property. If all of you get the relinquishment deeds register in favour of your mother, the property can be registed in her name. Your 3rd uncle does not have any legal rights and he cannot create problems in getting this property registed in your mother's name.

3. Can we file a counter case against my uncle saying that we do have rights on my grandfather's property?

Yes. You can file partition suit and it will deter him for not claiming the property mentioned in para 2 above.