My family, Hindu by faith, lives in Kolkata. In 2013, my father gifted me, his younger son, our house through a registered Gift Deed. My father inherited this property from his father in 1980 through a will and probate. He’s still alive. My questions are: 1. Can my elder brother challenge the Gift Deed, claiming I forced my father into it? 2. Can he argue that the house is ancestral property, so my father couldn’t gift it without his consent? 3. Can my brother seek a court order to stop me from possessing the house?

Apni Law
Apni Law
Law Forum › Category: Property › My family, Hindu by faith, lives in Kolkata. In 2013, my father gifted me, his younger son, our house through a registered Gift Deed. My father inherited this property from his father in 1980 through a will and probate. He’s still alive. My questions are:

1. Can my elder brother challenge the Gift Deed, claiming I forced my father into it?
2. Can he argue that the house is ancestral property, so my father couldn’t gift it without his consent?
3. Can my brother seek a court order to stop me from possessing the house?

Vote Up
197
Vote Down
Apni Law Staff asked 1 year ago

My family, Hindu by faith, lives in Kolkata. In 2013, my father gifted me, his younger son, our house through a registered Gift Deed. My father inherited this property from his father in 1980 through a will and probate. He’s still alive. My questions are:

1. Can my elder brother challenge the Gift Deed, claiming I forced my father into it?
2. Can he argue that the house is ancestral property, so my father couldn’t gift it without his consent?
3. Can my brother seek a court order to stop me from possessing the house?

1 Answers
Vote Up
9
Vote Down

Best Answer

Apni Law Staff answered 1 year ago

Your elder brother can challenge the gift deed in court, claiming undue influence, but proving it will be difficult. He cannot argue the house is ancestral property as it was inherited by your father through a will, not by intestate succession. He can seek a court order to stop you from possessing the house, but the court will likely uphold the gift deed if it finds no undue influence.

You Might Also Like

We signed a deal to buy 65 acres of land in Anantapur, Andhra Pradesh, with the closing date set for October 15th, 2016. However, we discovered that 10 acres of the land cannot be registered due to legal restrictions. The seller insists we buy the remaining 55 acres, but we want to purchase the entire 65 acres or nothing at all. The agreement has now expired, and we’re requesting the seller to return our advance payment. What are our options if the seller refuses to do so?

My family’s ancestral home in Bagmari, Kolkata, was bought by my father in 1958 and registered in my mother’s name. After my father passed away in 1996, my sisters, especially the second one and her husband, began causing trouble. They used my aging mother to file false complaints at Manicktola Police Station, and the officer harassed me, demanding I leave the house. We were eventually forced out. How can we regain possession of our family home?

I own a 50% share of a property. Two other families each own 25% shares. I’ve lived in the house for 12 years, while they’ve been there for 50 years. Recently, some people started parking their bikes on the property and ignoring my requests to stop. This led to an argument. My tenants have no issue, but someone else is now claiming ownership. I’ve even called the police and a towing service, but the problem keeps recurring. What legal options do I have?

My grandfather had four brothers. All the family property is now registered in my eldest grandfather’s name. How can this property be legally distributed among my uncles and father?

My family and I used to live together, but things became difficult, so we decided to separate three years ago. We agreed that they would contribute financially, and I left the house. Now, they’re pressuring me to sell the house, claiming it’s a three-way split: me, my father, and my brother. My father says their business suffered a loss, forcing them to sell gold to save it. He blames me for the loss and demands his share. My brother wants his portion to restart his business. I’m deeply troubled and unsure how to proceed.

Share This Article
Previous Article Many temporary workers in LIC, who are part of various unions, are eagerly waiting for their absorption based on the recent Mumbai High Court order. However, LIC hasn’t taken any action yet. What might happen if the unions challenge LIC’s inaction in court?
Next Article Can I move my divorce case from Ranchi to Mumbai? I’m struggling financially and can’t afford the travel to Ranchi for court hearings.

Follow US

Find US on Social Medias
Popular News
- Advertisement -
- Advertisement -
Ad imageAd image

📢 Stay Connected!

Join our community on Telegram and WhatsApp for instant updates, news, and exclusive offers.