What are the chances of the gift deed being void?

My mother gave me a registered gift deed in 2014, transferring her portion of the property to my name. It is a joint property with my brother and mother, after my father's death in 2011. My beloved mother passed away in June 2024. Now, my brother has filed a suit in court challenging the gift deed and asking the court to declare it void. I do not live in Kolkata and I am not married. What is the possibility of the court declaring this gift deed void? How long will this case likely continue? This case is in Kolkata. Please let me know if you need more details to provide answers that can bring me some relief, as I have been tortured and tormented beyond words by my elder brother and his wife for the last 26 years, causing me tremendous emotional, physical, and financial harm.

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Advocate By LEAD INDIA Answered: 22 Mar 2025

A registered gift deed is legally binding and can only be challenged if there’s proof of fraud, coercion, or incapacity. Your brother's claim can be contested, especially if the deed was properly executed. It is consult a property lawyer for defense. Property disputes can take 1 to 5 years, but an out-of-court settlement might be an option. For further legal assistance contact us on our helpline number.
 

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