Can I claim property back from gift deed under distress?
My grandfather owned property, and a partition deed was signed in 2015 between my father and his brother and two sisters, outlining the property claims. After my grandfather's death, my father inherited the property and transferred one property to his sister through a gift deed without my consent, as his son. Can I claim that property back? Does the gift deed become invalid? My father gave the gift deed under distress and emotional blackmail by his sister.
You may have a case challenging the validity of such a gift deed transferring properties to your father's sister, specially when it had been executed under distress or emotional blackmail. A gift deed is only valid under the Transfer of Property Act, 1882, if it is made voluntarily and free from any form of compulsion. If you can prove in a court of law that at the time of executing the deed your father was under coercion or without a will, then the court might declare the deed invalid. Also, if the gift deed has not been registered properly or according to legal requirements, the same court may declare it null. Lawyer consultation is required for any form of legal action.
In fact, you can challenge the gift deed transferring property to your father's sister if it was made under distress or emotional blackmail. A gift deed has to be voluntary, and in case you can prove that your father was coerced into making the gift deed, you may have a claim for contesting it. Again, the gift deed might not be validly registered or might not be in compliance with the laws applicable. You should speak to a lawyer to discuss your available options, such as filing a suit to nullify the gift deed on grounds of undue influence or lack of free consent.
Sir, to claim the property back, you need to contest the gift deed on the grounds of coercion or undue influence and if the gift deed could be revoked, then you might be able to claim your rightful share of the property. It is advised to consult an expert lawyer who specializes in property law to assess your case, gather evidence, and take appropriate legal action. For further legal assistance contact us on our helpline number.
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