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Alwin Joseph   14 November 2017

Gift deed

Dear SIRS, My father under duress had given his share in the house to my sister [Half share was in my sisters name] through a Will in 2008. After couple of months he cancelled this Will and given his share to me through an unconditional registered gift deed with his free will. Now, as instigated by my sister, he has now turned against me and filed case against me stating that the Gift deed was done without his free will and while registering the document it was not read out to him and thus I got the gift deed signed by him fraudulently and some signatures were fake and signed by me. Will this case stand in the court? Can I call the witnesses who signed during registration? does he have chance in the court? Can I ask the signatures to be examined by forensic or experts? My reputation and integrity is at stake now. Would highly appreciate your reply. Regards, Alwin


 4 Replies

Suri.Sravan Kumar (senior)     14 November 2017

He who raises allegations against another must prove them. Burden lies on him to prove.

1 Like

Alwin Joseph   15 November 2017

Thank you very much Sir, that means, the onus is on him to prove that it was done by fraud?

 

Regards,

M.A.T.Ganesan (lawyer civil &family laws)     15 November 2017

I agree with Mr.Suri.

Kumar Doab (FIN)     16 November 2017

The court shall examine the allegations and facts and decide on facts.

You can submit your side to the court.

Engage a very able senior LOCAL counsel specializing in such/civil matters of unshakable repute and integrity and having successful track record…

 


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