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Rodricks Rajendra   24 March 2021

Revocation of fraudulent gift deed

Hi sir.. My name is Rajendra...My father purchased the property in my mother's name in 1989..after that in 2006 my father built the house in blore.... my eldest brother made gift deed in his name through my mother on 30 dec 2017...at that time my mother was going through multiple health conditions...
Moreover my mother was unaware while signing gift deed as she had vision problem n undergone eye operation twice in 2009 n 2011... My bro took advantage of blindness n took her to subregistrar office n made gift deed in his name... It is registered.. Recently my mother passed away on 24 oct 2020..only after that we came to know that he has made gift deed in his name...my mother's age at the time of demise was 69...so my question is 1) what are the legal options as we are 3 brothers n father excluding eldest bro... 2) Can a gift deed be revoked since the donor is expired?... Please help 🙏


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 3 Replies

Shashi Dhara   24 March 2021

As Ur mother is died u have to prove in civil court that gift is obtained by fraud.contact local advocate with documents and take his opinion

 

Hetal N. Bhayani   25 March 2021

You can file complaint to police for forgery and fabrication of documents. If police doesn't register FIR you can file personal warrant u/s 156(3) OF IPC for direction to police under the jurisdiction. Registrar's statement will play important part in this deed. So in my opinion first find the fact and based on that go ahead.

Sanjay Narayandas (Advocate)     25 March 2021

Yes, the gift deed was obtained fraudulently and so it can be revoked by obtaining a decree from the civil court. For that you will have to prove the medical conditions of the mother. Need some medical proofs to substantiate claims.

If any further queries, you can contact me.

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