gift deed revocation gift deed revocation

8 months ago

the gift deed wrote by the mother to her son. But that son was died and the legal heirs of the deceased son giving ill treatment to their grand mother. What the grand mother might do. Is she has the right to cancel the gift deed

Anik

Responded 8 months ago

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A.Dear client,
To protect herself, your grandma can launch a civil complaint asking for the cancellation of the gift deed. Apart from that, your grandmother can file an application before the Maintenance Tribunal presided over by the SDM/DM u/s.5 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 and rules made thereunder explaining the nature and details of harassment and humiliation faced by grandmother at the hands of his grandchildren and praying for cancellation of the Deed of Gift.
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Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 8 months ago

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A.Dear Client,
In the given situation, your grandmother can file a civil suit praying for a cancellation of the gift deed to protect. Apart, your grandmother may protect herself from harassment and humiliation from the grandchildren, your grandmother can file an application before the Maintenance Tribunal presided over by the SDM/DM u/s.5 of Maintenance and Welfare of Parents and Sr. Citizens Act, 2007 and rules made thereunder explaining therein the nature and details of harassment and humiliation facing by grandmother in the hand of his grandchildren making a prayer for cancellation of Deed of Gift invoking the Sec.23 of the Act.. This benevolent act is exclusively enacted for the protection of the safety and security of Sr.Citizens who are being harassed and abused by their children at their sunset years to lead a life with dignity and peace. No Advocate is allowed in the proceedings to represent the case either on behalf of Sr. Citizens or OP, erring children. Moreover, if any Sr. Citizen is unable to represent his or her grievance, there are Social Service Officer to assist the Sr. Citizen to represent the case suitably before the Maintenance Tribunal who after hearing both the party pass an order of maintenance for a sum upto Rs.10,000/-pm including cancellation of gift deed u/s.23 and order for the eviction of erring grandchildren from the property belongs to Sr. Citizens/Parents. Hope your grandmother will get justice before this forum which is comparatively hassle-free and less expensive.
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Vidhi Samaadhaan Vidhi Samaadhaan

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