Gift deed by exploitation regarding
2 years ago
Dear Sir/Madam, My mother is a retired State Government employee. After my father's demise(by accident and got compensation from Government as it was a fault of State transport bus) built a house with compensation fund and bank loan. Few years passed by and one fine day my elder brother asked my mother to transfer the property in his name. He showed much anger to my mother threatening by saying either he will suicide or kill her if the property is not transferred in his name. His horrified spouse was present during this incident. Under this circumstance my mother being a senior citizen of no help agreed to his demands provided he clearing the loans my mother had taken to build the house and settling a share to me (Younger brother). He had left the house after the transfer of property in his name. Years passed by, his whereabouts were not known to my mother or me though we were searching continuously. My mother filed for the cancellation of the gift deed. My brother has return filed for nullifying the cancellation. My mother had paid interest and others of the loan these many years and because of the financial burden she could not meet her livelihood and medical expenses. Plz advis
Your mother should file the cancellation of the gift deed under section 125 of Transfer of Property Act which deals with laws relating to the revocation of gift deed for immovable property. As the consent of your mother was obtained through undue influence but the period given to the donor to revoke such gift transaction is 3 years from the date of discovery of such facts.
Hope this clarifies your query.
Thank you!
A.Dear Sir,
She being Senior Citizen can get it cancelled as follows..
http://socialjustice.nic.in/UserView/PrintUserView?mid=52569
The Maintenance and Welfare of Parents and Senior Citizens Act 2007
What are the important features of the Maintenance and Welfare of Parents and Senior Citizens Act 2007?
Ans. The Maintenance and Welfare of Parents and Senior Citizens Act 2007 envisages providing need based maintenance to the parents/grand parents from their children. Tribunals will be set up for the purpose of settling the maintenance claims of the parents in a time bound manner. Lawyers are barred from participating in the proceedings of the Tribunals at any stage.
The Maintenance and Welfare of Parents and Senior Citizens Act 2007 also contains enabling provisions like protection of life and property of senior citizens, better medical facilities, setting up of old age homes in every district, etc.
What is the applicability of the Act?
Ans. The Act extends to the whole of India except the State of Jammu and Kashmir and it applies also to citizens of India outside India (Section 1(2)).
When will the Act come into force in the States?
Ans. The Act come into force in a State on such date as the State Government may, by notification in the Official Gazette, appoint (Section 1(3)).
What is the definition of Child/children under the Act?
Ans. The Act defines "children" as son, daughter, grandson and granddaughter who are not minor.
What is the definition of Maintenance under the Act?
Ans. The "Maintenance" includes provision for food, clothing, residence and medical attendance and treatment.
What is the definition of a Senior Citizen under the Act?
Ans. A "senior citizen" means any person being a citizen of India, who has attained the age of sixty years or above.
Who are eligible for claiming maintenance under the provisions of the Act?
Ans. The Act provides that a senior citizen including parent who is unable to maintain himself from his own earning or out of the property owned by him, shall be entitled to make an application for claiming maintenance.
If your mother has filed for cancellation of the gift deed then she will have to prove the reason as coercion and force for getting the deed cancelled. Let him challenge the cancellation and you and your mother can fight the cancellation.
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