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My Mother wrote all of my dead fathers property
7 months ago
My Mother wrote all of my dead fathers property on my brother's name but she didn't know that she was signing a document which gave away all her property to her son. After 3 years, she discovered that all her asserts are written on my brothers name and I am left with nothing. My brother doesn't want to give me my share and my mom wishes for my brother to give back her asserts or give me my share. What can be done?
A.Dear Client,
If the property is owned by your deceased father singly or jointly with your mother and left it intestate, then all the surviving legal heirs including your mother are entitled to an equal share in the said property. Your mother cannot transfer or alienate the share of other heirs without their consent except for her own share. So, the instrument through which the entire property of your deceased father is transferred to your brother may be challenged before the Court by filing a civil suit praying for cancellation of the said instrument/document vide which the entire property was transferred by default in favour of your brother. If the transfer of property is made through a Deed of Gift, then as per the provision of Section 126 of the Transfer of Property Act, 1882, the donor (your mother) might cancel the Deed of Gift if the donor’s assent is acquired by force, fraud, undue influence, or deception. The donor has three years from the day when the facts were discovered to cancel the said deed by filing a civil suit. So, reach out to an Advocate experienced in civil matters for guidance and steps.
If the property is owned by your deceased father singly or jointly with your mother and left it intestate, then all the surviving legal heirs including your mother are entitled to an equal share in the said property. Your mother cannot transfer or alienate the share of other heirs without their consent except for her own share. So, the instrument through which the entire property of your deceased father is transferred to your brother may be challenged before the Court by filing a civil suit praying for cancellation of the said instrument/document vide which the entire property was transferred by default in favour of your brother. If the transfer of property is made through a Deed of Gift, then as per the provision of Section 126 of the Transfer of Property Act, 1882, the donor (your mother) might cancel the Deed of Gift if the donor’s assent is acquired by force, fraud, undue influence, or deception. The donor has three years from the day when the facts were discovered to cancel the said deed by filing a civil suit. So, reach out to an Advocate experienced in civil matters for guidance and steps.
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