Gift Deed

[Adityashark755]

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Adityashark755
PARTICIPANT
March 21, 2025 at 9:22 pm

Hello everyone. One of my late father’s brothers got a gift deed signed by my grandfather for a property. My grandfather says he does not know what was written in it. My grandfather said that 1/3rd part would be given to us, and that nobody else could claim that. (I have everything he said in recordings and will get it signed tomorrow that he has no idea what was written in the deed and that he was under a false impression and that he wasn’t able to read the papers). He says that he wants the property to be divided in 3 equal parts. However the donee has gotten all 3 parts signed to himself. Moreover, it was mentioned in the deed that the donee would take care of the donor and that this is one of the primary reasons for the donor to gift the property to the donee. However, this has not been the case recently and care is not being taken. My grandfather was paralysed a few years ago and cannot do a lot of things on his own and requires assistance in menial tasks. He says that proper care is not being taken. He lives with the uncle who got the deed signed. Nobody else in the family knows about this.

What can we do now?

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[Happyshark11]

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Happyshark11
PARTICIPANT
March 21, 2025 at 11:19 pm

To challenge the validity of the gift deed, you will need to initiate legal proceedings before the appropriate court, seeking a declaration that the deed is void or voidable on the grounds of undue influence and lack of free consent. Your claim should establish that the donor was unaware of the contents of the deed at the time of signing, and that he was coerced, manipulated, or placed under duress at the time of executing the gift deed, thereby vitiating their voluntary consent.

In your petition, you should also seek an injunction to restrain the donee from further transferring or encumbering the gifted property. If the court is satisfied that the gift deed was not executed with free will, it may declare the deed null and void, restoring the property to its rightful owner.

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