False revocation

2 years ago

Daughter, son, father reside in the same building in 3 different portions. Daughter looked after her parents and was clearing the debts and loans on building while son did not. Hence did not have a good relation between father and son and daughter in law. In 2008, a will was made for whole property in daughter’s name . Again in 2013, a will was made for both daughter and son in the ratio 2:1 of the residing 3 storied building after cancelling the previous one. In 2016 a gift deed was made by father to daughter with love and affection after cancelling the previous one.
In 2019, after the demise of mother, the last rights were performed in daughter’s house. After this, father and son got closer and filed a petition in Senior Citizen Tribunal after a month , stating that the daughter had fraudently made the gift deed in her name without the knowledge of father and was not looking after him under the Section 23, 2007.

The first sitting was attended by daughter. And all the other dates had no sitting. The case was not followed later as she showed Covid symptoms. In Oct-Nov 2020, the case was closed in 3 hearings and an order was passed stating that the responded/daughter failed to prove herself. It is observed that the petitioner/ father did not attend any of the hearings except- the last hearing was attended by advocate on behalf of petitioner.

In FEB 2021, the respondent came to know about the order. Then a Writ Petition was filed in High court seeking for a stay and further direction on the case.

In MAY 2021, it is observed by the daughter that tax paper and BWSSB bills has changed to son’s name, suspecting that the property has been transferred to son.

Does Senior Citizen Act and Section 23 support such false revocation?

Can the senior citizens gift deed and revoke any number of times to anyone using this section stating that the gift deed was done fraudently?

Please give a legal advice on the same.