Eldest member not taking care of family
Vikas
(Querist) 20 March 2019
This query is : Resolved
a Property is self acquired by a man in 1992,he has a wife and only one son
the son is married in 2006 and is having a wife and one son
total 5 members in family who are hindus
the eldest Man since the beginning had habits of gambling drinking womanizing,but his wife still bared and didn't leave him and continued living with him for society's sake
the property is gifted from the man to the son in sept 2017
since 2018 the eldest man has been misbehaving with the entire family the wife the son the daughter in law and the grandson
the eldest man keeps threatening to the members i will sell this house to his brother who has been eyeing this mans man's property
Questions
1)Can the eldest Man sell the property to his brother or anyone else even though he has already gifted the property to his son and there is no revocation clause in the gift deed.He keeps threatening the family that i will sell this property even though he is aware the property is already gifted to his son and it is registered with the sub registrar in haveli mumbai Maharashtra.
Can the eldest man pretend or lie that he was forced to do the gift deed and get his property back in his name,the witness in gift deed was the eldest mans wife and his sons father in law
2)the eldest man keeps threatening the family members i will bring woman in this house i will gamble in this house,he will throw the family members out of the house,can he do that?
3)the family members are fed up of his regular harrassment and he is a senior citizen of 64yrs old still he keeps harrassing them
4)the eldest man is in retail business of garments and he and his wife are the partners in the firm
th business is a partnership firm which is registered and the place where business is conducted is a tenated premise since 1982,can the man sell his share to his brother without the wifes consent,there is a clause in partnership deed that mutually both partners can amend the partnership deed,the wife wants to surrender her share in partnership firm and put the sons name,can it be done
Vijay Raj Mahajan
(Expert) 20 March 2019
Maintenance and welfare of parents and senior citizen Act, 2007 do provide that property transferred by the parent in the name of the child can be revoked and returned back to the parent if the child refuse to attend to the needs of the parent, provide maintenance and place to live.
Now you see how much your father or the eldest member can go with the Act and take back his property back through the order of the court.
Guest
(Expert) 20 March 2019
A Precise advise by Advocate Mr.Vijay Raj Mahajan. Amicably sorting out the issue and providing proper Rehabilitation treatment to the concerned person would fetch the best remedy.
