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Author Topic: Can Gifted property with mutation be challenged .  (Read 1156 times)

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Offline thukralsunita

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Can Gifted property with mutation be challenged .
« on: March 10, 2015, 07:43:43 AM »
Dear Sir,

My late father has gifted me the residential house in New Delhi   , as I served him in old age and during his dreadful Cancer problem and consequently his affection and his worry towards my future financial security.
Being a divorcee with a child , dependent on him. I am staying in the same house along with my daughter and mother.
We are 2 sisters and 1 brother . My brother has always neglected my parents, and not staying in the particular house, rather staying in his own self made house for the last more than 15 years.
In 2009 , my father made a gift deed , followed by Registered Will , followed by mutation in my name to bequeath all his belongings to me, fearing my brother can snatch or can claim ,or harass me once he expires.
Unfortunately my father expired on November’14
In Jan’15 the advocate of my brother sent me a notice to partition the said property and handover 1/3 part, else he shall file a suit at my risk and cost.  Kindly note in that notice the advocate of my brother mentioned that my father made another will on Sept’14 stating that he wanted property and other belongings should be equally divided among his 3 children. He also stated that the said house was built with his ancestral house proceeds.
KINDLY NOTE THIS IS ABSOLUTELY  WRONG—MY FATHER WAS VERY SERIOUS AND CONFINED TO BED AT THAT TIME. MAY BE HE MADE FAKE UNREGISTERED WILL WITH HIS FAKE SIGNATURES –
KINDLY NOTE HE BUILT THE SAID HOUSE IN 1969 , WHERE AS MY GRANDFATHER DIED IN 1977 , AND AFTER THAT ANCESTRAL HOUSE  WAS SOLD . INCIDENTLY MY FATHER DID NOT TAKE A SINGLE PENNY OUT OF IT AS HE ALREADY A SELF MADE HOUSE.
MORE OVER MY FATHER TOOK long term LOAN FROM DDA to pay back from his salary from Govt. Service.
My  lawyer replied the notice and stated above facts and warned them to withdraw the Notice based on totally concocted story , in case they don’t do so, he may take action as per IPC. My lawyer also put Caveat in all  courts --- Tis Hajari, Patiala House and High court , in case they try to file a suit in any of these courts , we can reach the court and clarify the case .
TODAY MY LAWYER CALLED UP TO INFORM ME THAT MY BROTHER ‘S LAWYER HAS APPROACHED HIGH COURT  TO FILE A SUIT AGAINST ME, EVEN THOUGH MY LAWYER HAS ALREADY FILED A CAVEAT .
KINDLY ADVICE
1.)   WHAT IS THE FATE MY CASE ?
2.)   WHAT DAMAGE  OR HARM -- THE MOST --HE CAN PUT ON ME
3.)   WHAT IS THE MINIMUM COST  AND TIME ---I SHOULD BE PREPARED TO INCURR ON LITIGATION
4.)   CAN MY PRESENCE AT THE COURTS HEARINGS IS MANDATORY.
5.)   ANY OTHER ADVICE OR SAFEGUARD YOU AS A WELL WISHER CAN ADVICE .

Yours always Thankfully
Mrs.  ABC

Offline advuma

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Re: Can Gifted property with mutation be challenged .
« Reply #1 on: March 10, 2015, 06:20:33 PM »
Aproach the court with all facts available with you at the first hearing and appeal to court for dismissal of the suit.

your case is very strong so no worries.

if case is entertained than it will drag on for few years. 
if u like my posting plz submit your comments

Hi, I am advocate Uma Saika, from Assam

 

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