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karthikeyan (Software Engineer)     15 December 2013

Possibility of filing suit

My parents are divorced. My father remarried another woman.

My father gave two property through a gift deed to us(me and my brother) on June 2003. For one property, he gifted to both of us.Another property, it's gifted to my brother alone.Both gift deed is unconditional and irrevocable. He mentioned even he revokes its void in any juridical. We got the gift deed document and in return we signed a notary stating that we don't have any rights in his property. 


Now he is planning to file a suit against us. We don't know under what condition he is going file a suit. Could you please tell us the possibility with your experience.   


After knowing his we now changed the mutation in municipality records and paid the property tax for one property. For another property we are still in process of changing the patta as it belongs to panchayat. 


If he files suit under "Coercion, Undue Influence, Fraud"

who has to prove it whether he or us?


I need know the negative point from my end.





 1 Replies

Sajeev Menon (Legal Consultant)     15 December 2013

Dear Karthik,


Nothing to worry about the suit or any other criminal case as it wont stand or make any change in your position since the mentioned gift deed executed more that 10 years back and the  gift deed executed to the children cant be revoked due to change of mind or circumstance (latest supreme court ruling).  

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