Can my mother take back the property given to my brother as gift

NAGARAJ (Querist) 03 October 2012 This query is : Resolved
Hi Sir
My father was having two properties one built house in my fathers name,one site which was made in my mothers name and later given to my brother as a gift deed. actualy we are 3 childrens. and now my father is no more and he has left a will writing one of my brother who has taken the site as gift , do not have any share in the built house property. but the will which he has made just written in the plain paper with his signature. but my brother is demanding the equal share from the built house. and my mother is saying that he dont have any rights to take share from the built property and if he dont agree i will file a case against him. and my brother is not ready to give any share fromm the gifted site.
sir can you please explain me what will be the court decesion in this case. can we go against him asking for justice. if we give him equal share in built house. he weill get 60% of the share and other 2 brothers will get remaing 40%
please tell me what can we do to get the equal share from my parents property
can my mother take back the property given to my brother as gift

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prabhakar singh (Expert) 03 October 2012
A will is no bad in law simply because it is drafted on a plain paper.If it bears your father's signature together with signature of two attesting witnesses it is a valid legal will and can be enforced.

A gift by any DONOR can not be cancelled by another deed.

DONOR is required to file a suit of cancellation of Gift showing the facts that leads to infer that consent was not free and some fraud or misrepresentation or undue influence was played upon donor to mislead who never intended to execute any gift.In certain circumstances Maintenance and Welfare of Parents and Senior Citizens Act, 2007 may be of a great help in this regard.Read section 23 of this Act.

Better get in touch of a civil lawyer at local level.

Guest (Expert) 03 October 2012
No. Gift once accepted by the donee cannot be cancelled by the donor, except by nullification by an order of the competent court, if the gift deed wa got issue by fraud or coercion on the donour.

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