Validity of Gift deed
After a gap of 10-12 years I have come to know that my brother got a gift deed from my father. But not only in signature but also from the writing pattern it could easily identified that both the Signature and Thump impression are different. Another point is that the deed was made on sep 1997 and my father died on 2nd June 1998. Is it a valid deed? If not,how to proceed on this legally?
This is a case of possession by fraud. According to section 53 of the Transfer of Property Act, 1882, such possession is illegal and can be nullified by the court of law.
According to section 17 of Indian Limitation Act, 1963, in such cases, the limitation period to file a case involving fraud or mistake begins after the fraud has been discovered. You have to prove the court that you did not get to know of the fraud in question owing to lack of access to the documents to prove that the limitation period started 10-12 years after the questionable gift deed was passed on to your brother from your father and as soon as you got access to the documents after so many years, you discovered the fraud and decided to report the case. Thus, under Sections 64 and 65, you are entitled to a period of at least 12 years of limitation after you discovered the fraud. But, you will have to categorically prove to the court about how and when you came to know of the discrepancy in the signature and thumb impression with the help of documentary evidence and witnesses. So say, you discovered the fraud in 2008- 2009, you have time till 2020 to file a suit challenging his possession of the property or it will become legally his.
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