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Father demanding money against gift deed
4 months ago
My 76-year-old father who is a retired govt servant, gave his only house to me via a registered gift deed 2 months ago. while he was getting the gift deed draft prepared, I asked him to add 2 conditions in that deed, a) till he is alive donee cant transfer the said house or lease/rent it out b) as he is a heart patient thus I will make sure that he is taken care off. Now, after 2 months he is demanding from me 40 lakhs so that he can pay it to his son, who as per him is not happy with this gift deed. I told my father that I don't have that much money and being a retired govt servant he is getting 1 lakh rupees as a monthly pension so he can take care of all his expenses. He is threatening to file a 420, 315, 334 case against me if I don't pay him the money, stating that he is old and no one will trust me and he will make life a hell.
A.Dear Client,
In the given situation, you can file an application in prescribed form 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 faced by you in the hand of your children including daughter. 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/relatives in 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/family. Moreover, if any Sr. Citizen is unable to represent his or her grievance, there are Social Service Officer to assist the Sr. Citizen in representing the case suitably before the Maintenance Tribunal and after hearing both parties, pass an order for payment of maintenance for a sum up to Rs.10,000/-pm to the applicant Parents/Sr. Citizen including order of cancellation of deed of gift or deed of sale bearing joint ownership u/s.23 of the Act and eviction of erring children/family from the property belongs to Sr. Citizens/Parents. This forum is less expensive and hassle-free to resolve disputes faster than any other forum. An Elder Help Line (No.14567) is launched by the Ministry of Social Justice and Empowerment exclusively for the protection of the interest of Sr. Citizens of the Country from any kind of crisis from health to wealth, you may take a chance by contacting them through helpline number to resolve the matter.
In the given situation, you can file an application in prescribed form 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 faced by you in the hand of your children including daughter. 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/relatives in 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/family. Moreover, if any Sr. Citizen is unable to represent his or her grievance, there are Social Service Officer to assist the Sr. Citizen in representing the case suitably before the Maintenance Tribunal and after hearing both parties, pass an order for payment of maintenance for a sum up to Rs.10,000/-pm to the applicant Parents/Sr. Citizen including order of cancellation of deed of gift or deed of sale bearing joint ownership u/s.23 of the Act and eviction of erring children/family from the property belongs to Sr. Citizens/Parents. This forum is less expensive and hassle-free to resolve disputes faster than any other forum. An Elder Help Line (No.14567) is launched by the Ministry of Social Justice and Empowerment exclusively for the protection of the interest of Sr. Citizens of the Country from any kind of crisis from health to wealth, you may take a chance by contacting them through helpline number to resolve the matter.
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A.Dear Client,
The Maintenance and Welfare of Parents and Senior Citizens act defines "senior citizen" as any person being a citizen of India and 60 years or above. Senior citizen is eligible to get back their property given via gift deed from their children/legal heirs if they fail to provide basic necessities as mandated under the law.
As per the law, the "maintenance" section of the Act implies that children/legal heirs must provide for food, clothing, residence, medical attention, and treatment of the senior citizen parent. The "welfare" refers to the provision for health care, recreation, and other amenities considered necessary for senior citizens. This Act was mainly passed for the senior citizens or parents who are unable to take care of themselves of their own earnings (such as pension etc.) or the assets and properties owned by them. In this situation, it's important to prioritize open communication and explore amicable solutions. The registered gift deed clearly outlines the transfer of the house, and the conditions you added regarding non-transferability and your commitment to taking care of your father. If your father is making demands for additional money, it's advisable to maintain a calm and transparent conversation, emphasizing your financial constraints and the existing terms of the gift deed.
Document all communication with your father and try to seek a resolution through dialogue. If he persists with threats of filing legal cases, it may be beneficial to consult with a legal professional to understand your rights and options. Given that the gift deed is a legal document, it should provide a strong basis for upholding the agreed-upon conditions. Keep records of all relevant documents and communications to safeguard your position. It's recommended to seek legal advice promptly to address any potential legal challenges while continuing efforts to resolve the matter through communication and understanding.
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The Maintenance and Welfare of Parents and Senior Citizens act defines "senior citizen" as any person being a citizen of India and 60 years or above. Senior citizen is eligible to get back their property given via gift deed from their children/legal heirs if they fail to provide basic necessities as mandated under the law.
As per the law, the "maintenance" section of the Act implies that children/legal heirs must provide for food, clothing, residence, medical attention, and treatment of the senior citizen parent. The "welfare" refers to the provision for health care, recreation, and other amenities considered necessary for senior citizens. This Act was mainly passed for the senior citizens or parents who are unable to take care of themselves of their own earnings (such as pension etc.) or the assets and properties owned by them. In this situation, it's important to prioritize open communication and explore amicable solutions. The registered gift deed clearly outlines the transfer of the house, and the conditions you added regarding non-transferability and your commitment to taking care of your father. If your father is making demands for additional money, it's advisable to maintain a calm and transparent conversation, emphasizing your financial constraints and the existing terms of the gift deed.
Document all communication with your father and try to seek a resolution through dialogue. If he persists with threats of filing legal cases, it may be beneficial to consult with a legal professional to understand your rights and options. Given that the gift deed is a legal document, it should provide a strong basis for upholding the agreed-upon conditions. Keep records of all relevant documents and communications to safeguard your position. It's recommended to seek legal advice promptly to address any potential legal challenges while continuing efforts to resolve the matter through communication and understanding.
Thankyou
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A.Dear Madam,
Immediately, sell the property which was gifted to you by your father or alienate to any other person by way of Gift Deed or take maximum loan. Your father cannot file any such case and if filed you just take anticipatory bail and then go to the High Court for staying and quashing of such false FIR.
Immediately, sell the property which was gifted to you by your father or alienate to any other person by way of Gift Deed or take maximum loan. Your father cannot file any such case and if filed you just take anticipatory bail and then go to the High Court for staying and quashing of such false FIR.
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