Question
My grandfather married twice. From his first wife, he had one daughter and two sons, and from his second wife, he had one son—my father. After my grandfather’s death, we divided the land between my father and his half-brothers, and we have been living on our share for 300 years. The issue is that my father’s stepbrother fraudulently obtained a Heba (gift deed) from my father when he was sick. The problem is that my father’s mother’s name is Aleya Begum, and my father’s half-brother’s mother’s name is Rukhia Khatun. But my father’s half-brother, Rafiq Miah, has fraudulently recorded my father’s mother as Rukhia Khatun instead of Aleya Begum. At that time, my father’s mother had a problem, and we didn’t know anything about it. I want to know if the Heba document will be valid.
Answer
In Bangladesh, the validity of a Heba (gift deed) can be contested if there is evidence of fraud or misrepresentation. Here’s the legal position:
- Fraudulent or Misleading Information:
- If your father’s half-brother falsely recorded your father’s mother’s name as Rukhia Khatun instead of Aleya Begum, this can be grounds for challenging the document. Fraudulent actions, such as misleading information about family members or the circumstances under which the deed was signed, render the Heba invalid.
- Heba During Illness:
- If your father signed the Heba document while ill or under duress, it could be argued that he was not in a sound mental state to understand the legal consequences of his actions. In such cases, the validity of the deed may also be questioned.
- A medical certificate or evidence showing your father’s illness could strengthen your case if you wish to prove that he was not in a fit condition to execute the deed.
- Legal Action:
- To contest the Heba deed, you would need to file a civil suit in the court. In your case, you could challenge the document based on fraud, misrepresentation, or undue influence.
- In the court proceedings, you can present evidence, including your father’s medical records, and witness statements from people who were aware of your father’s health and the circumstances when the Heba was signed.
- Effect of Fraud:
- In Bangladesh, the fraudulent execution of legal documents such as Heba deeds can lead to them being declared void by the court. If your case proves that fraud or misrepresentation took place, the Heba deed may be ruled invalid, and the property division can be revisited.