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(Guest)

Plea of undue influence

Can legal heir take a plea of undue influence of son on old and ailing mother to sign a gift deed. How would you prove undue influence in this situation


Learning

 8 Replies

Real Soul.... (LEGAL)     26 December 2019

It is the mother in your case who can testify for being induced to act which otherwise she would refuse to do.

G.L.N. Prasad (Retired employee.)     26 December 2019

The relationships, dependance and circumstances and the mother's admission may help in seeking cancellation of such gift deed if your mother is having such rights on that property.  Without local advocate, you cannot proceed and first, you have to get such an admission letter from mother before proceeding further.


(Guest)
Thanks for the response . Mother is not alive . can circumstantial evidence are not enough to prove undue influence?

SHIRISH PAWAR, 7738990900 (Advocate)     26 December 2019

Dear sir,

Gift deed cancellation is difficult task even during lifetime of donee.

Regards,

T. Kalaiselvan, Advocate (Advocate)     26 December 2019

The donor can file a suit for cancellation of the registered gift deed stating the reasons what she relies upon for seeking this relief.

If it was executed by coercion or force or undue influence, she can produce documentary evidnces for that or rope in witnesses to prove her pleadings. 

G.L.N. Prasad (Retired employee.)     26 December 2019

Even when the evidence pacca to get a cancellation is very difficult and complicated over a period of time.  The chances to establish undue influence by third party is difficult and left to chance without certain success.

Nikita Parekh   26 December 2019

What are relief the donor can seek from court during pendency of suit

Dr J C Vashista (Advocate)     27 December 2019

When donor is not alive the gift deed can not be cancelled even if it was executed under coercion.


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