To dividation of mother's property
AJOY KR. MUKHERJEE
(Querist) 05 June 2013
This query is : Resolved
we are 4 brothers and 6 sisters we live altogether in our mother's house (as the house purchase in my mother's name by my father).my father has expired. my mother's health is not in good condition and at present she can not identify any body and speak like a mad as she attack brain stroke last 4 months ago. my all 4 brothers are married and we four sisters also including me are married. my elder sister and younger sister are un married till date. now the matter is this that my 3 no. brother made a gift deed (with advantage of my mother's illness) in the name of 4 brothers and 2 unmarried sisters without any concent of other 4 married sisters and in the deed there is not mention any name of 4 married sisters name.
now I one of the married sister demand my proportionate share of the property how can I get the same. as per my knoledge the gift deed was registred from registry office.
please advice me.
thanks
Adv Archana Deshmukh
(Expert) 05 June 2013
You can challange the gift deed on the basis of the mental condition of your mother.
ajay sethi
(Expert) 05 June 2013
yes challenge the gift deed
Raj Kumar Makkad
(Expert) 06 June 2013
Gift deed is liable to be challenged in the given facts before civil court at the earliest and also seek stay order in the same suit.
Anirudh
(Expert) 06 June 2013
Better collect the medical history of your mother (if possible the doctor's prescription etc., which mentions about your mother's medical/mental condition).
You also check up when was the gift deed got registered (whether in the recent past when your mother was seriously sick or prior to your mother becoming sick - that will make a lot of difference)
After checking up the above position, and if you are sure that the gift deed has been got registered by manipulation and when your mother's mental condition was not sound and stable, then take steps to immediately challenge the gift deed when your mother is still alive. That will give the court an opportunity to appreciate the mental condition of your mother and to gauge the veracity of the genuineness of the Gift Deed. DO NOT UNNECESSARILY WASTE TIME IN APPROACHING THE COURT.
