Gift deed

PANIL KUMAR (Querist) 20 February 2014 This query is : Resolved
my grand father is 87 years aged and he has Alzeimhers disease (memory loss and behaviour disturbances).One of my uncle got gift deed from my grand father 4 months ago without the knowledge of my father. My grand father stays with us.Can we cancel the gift deed. Can we send notice from my grand father ? can we cancel the gift deed on medical grounds? .please suggest me what to do.

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Anirudh (Expert) 20 February 2014
It is not clear from your post, whether the GIFT Deed that you are talking about is Registered Gift Deed or unregistered Gift Deed.

This doubt comes as you say that your grand father stays with you. If that be so, without moving out and visiting the Registrar's office, the GIFT Deed cannot be got registered. Therefore, it could not have been done without your or your father's knowledge.

Further, before doing anything legally, all that you have to do first is to collect all medical evidences (like prescription, medicines etc.) which would show that your grand father was suffering from Alzeimhers and from which. If the Gift Deed is after your grandfather has been afflicted with Alzeimhers, then you can definitely straight away challenge the GIFT DEED and seek its cancellation. But efforts should be made to collect as much documentary evidence as possible to support your case.

PANIL KUMAR (Querist) 20 February 2014
Its a registered gift deed. 4 months we have left my grand father to my uncle house as we are going to some other place , then he got the gift deed registered unknowingly.

Guest (Expert) 20 February 2014
Normally in any Registrar Office there is a procedure that Registrar would orally Confirm with the Executant whether he is aware of full facts of documents to be executed and whether he is executing the same with his full willingness.So you can not claim your grand father is not aware and also it is more than 4 months.What about the witnesses who had signed whether they would not stand on your uncle side.How you are going to prove that your Grand Father was not aware of what he is doing.Any how to help you what is the condition of your Grand Father now whether he is able to understand things now and to communicate Clearly Now

ajay sethi (Expert) 20 February 2014
it is advisable you contact a local lawyer . if your grand father was suffering from memory loss and behavioral disturbances as advised by MR anirudh gather his medical reports
Alzheimer's disease and other forms of dementia can leave an individual no longer able to comprehend legal documents.

in your case the issue would be whether your grand father understood the legal consequences of his action . A doctor may be able to assist in determining the
level of grand father mental ability. witness evidence would also be crucial in your case .

Guest (Expert) 20 February 2014
To Help you Please Confirm What is the Present Condition Of Your Grand Father If he is Sound In Mind Now and able to Communicate Things could be in your Favor

Rajendra K Goyal (Expert) 20 February 2014
Well advised by the expert. Contact a good local lawyer and show him all the documents and the medical reports. Presently if he is able to understand the position you have better chance.