GIFTED PROPERTY
2 years ago
Hi experts,
I am Hindu undivided family. My ( D2 ) father who had expired in 1984 having two wives: W1 & W2. & 4 daughter: D1, D2,D3,D4 . D1 ( 71 yr age ) daughter is from W1 wife & D2, D3,D4 from W2 wife. I am D2 (52 yr age ) eldest daughter from W2 wife. My father did marry from W1 in 1948 & from W2 in 1967. My mother -W2 is still alive but first wife W1 my step mother had died in 1986.
My father had ancestral property & some own property. My elder sister -D1 from W1 wife has executed (60 %) a gift deed forcefully from my father before 03 months of his expiring taking advantage from his illness & unsoundness of mind & three step sisters having age just below 12 yrs ( MINOR ) without any consent from W2 second wife of my father. Due to big liabilities of three daughter of W2 could not file suit for objection in court at that time. Now my mother is free after all three daughters got married. Now my eldest step sister -D1 is going to sale gifted property phase wise along with left ( 40% ) property also.
Presently W2 (age: 74) D1- (age: 71 ), D2- ( age: 52) D3 –( age: 49 ) D4- ( age- 47 )
Please give me your invaluable advice that Can I move to court and also give advice the share of present left property among D1 & W2 with children ( D2, D3, D4 ). Appreciate yours efforts in writing suggestions.
Thank you.
Regards S
Ayantika Mondal @ Prime Legal
Responded 2 years ago
In a court of law, every instrument created via duress can be challenged. A suitable family tree must be created, legal notices must be given to all property heirs, and a jointly partition suit must be filed in the local civil court.
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Any instrument made out of coercion can be contested in a court of law. There has to be made a proper family tree, legal notices to be sent to all the heirs of the property and jointly partition suit has to be filed in the nearest civil court.
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