Upgrad LLM

right over father's property from deceased

My mother had construction company and she gave power of Attorney to my dad to sell flats. After sometime she cancelled it. And she was not well for some time. My dad got the property in his name from my mother with her sister as witness by brainwashing her when she was metally depressed on 2006 when i was 18. She died after few months with cardiac arrest(but mainly because of depression). Dad sold some property and brought somewhere. I had fight with my father.So my dad deciede to partition share between him and my sister. I was promised to get a equal share. But my sister conviced  my dad got all the property in her name. Leaving me with no shares.

1. Is it posible get the property from my mother when she was not doing well physically and metally?

2. If it is proved that it was taken unwilling from my mother then will I have equal share in the property?

3. Some amount of money was taken from my ancester to form and estabilsh the company so is it consider more or less ancester property?

4. How can i go about it?

Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)

Dear Querist,


1. Any sale/alienation consent to which is obtained by coercion/undue influence is voidable and can be avoided. You can file a suit for declaration as to invalidity of that sale, however since suhc suit is to be filed within 3 years. You would have to show that you came to know within the last 3 years in order to prevent your claim from being hit by limitation.

2. If you can prove that the property was ancestral - even if only some of the proceeds were from ancestral sources - it becomes ancestral in that situation you would be challenging your mother's competency to give it to your father as it was HUF property and she could not have given it.

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I add here apart from that since you became major only in 2006 the court can consider your case, provided as as Mr Bhagat said, it will be  better to collect proof of cancellation of the Attorny and the treatment of your mother of the mental illness. The date of the cancellation of Attorney, the period of mental treatment and the date of alination of the property in the name of your father and his sister are very important, because by this you can prove that at the time of alination of the poperty she(your mother) was not in mental fitness, and as such this was done under undue influence and duress.

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Sorry for a late reply I was out of station. Thank you Mr.Bharat Chugh and Mr Surjit Singh.




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