When you were told that the signatures are needed for loan but instead of that he took your signatures on a gift deed; and, for this purpose, your brother kept first few loan papers and in between he kept the gift deed, in such situation, this is a fraud, as defined in Section 17 of the Contract Act.
Though I have not seen the full documents and records, it appears that, in fact, it is a fraudulent misrepresentation as to the character of the document and not merely fraudulent misrepresentation as to the contents thereof, as differentiated in the Supreme Court judgment in the case of Ningawwa v. Byrappa, AIR 1968 SC 956.
If so, it would a void contract being of no legal effect. And, in any case, it would at least be a voidable contract.
So, I think you can file an appropriate suit in the court in respect of the gift deed which has been got signed due to fraudulent misrepresentation. You may consult some local lawyer in your area by showing the relevant documents and other details.
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
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