Gift deed
Querist :
Anonymous
(Querist) 23 May 2018
This query is : Resolved
Dear all,
About 4 yrs back I transferred 10 lakhs of rupees to my daughter in law through bank on her request as loan. She made gift deed on a 50 rs. Stamp paper and got me signed as donor and hand over the original to me. She explained this is only for income tax purpose. It is written that 'out of love and affection I am gifting the amount to my DOL'.However no registration was made. Now my DOL and son are in process of MCD. On first petition a mou submitted which states that the amount I gifted to my DOL to be considered as one time alumni. It is made without my consent.
My query: 1. Can I disown the gift deed and serve notice to her to refund my money.
2. The money was gifted to my DOL only but now she is not, she should pay back.
I am a retired person. The money given to her on loan to purchase a flat from my retirement benefits and now required for my treatment.
Please let me know the options.
With regards,
Dayal mathur.
K Rajasekharan
(Expert) 23 May 2018
So long as the document plainly states that the transfer is a gift you cannot easily disown it. So you don’t seem to have any right to get back the money from her.
As she accepted the gift you do not have much say on it.
Guest
(Expert) 23 May 2018
Senior Citizen Act Provides you a Good Help.
Guest
(Expert) 23 May 2018
The Maintenance and Welfare of Parents and Senior Citizens Amendment Bill 2017 provides you all the Rights.
Guest
(Expert) 23 May 2018
Discuss with a Local Good Advocate and first serve a notice. Negligence to take care of parents could be treated as Criminal offence also. If your matter is taken to court the Court would even consider cancelling the Gift Deed depending on your medical requirements and basic requirements.
Guest
(Expert) 23 May 2018
Discuss with a local Advocate Or Free Legal Aid Forums in the Court of your place and they would take care. Do not worry and handle it legally.
Guest
(Expert) 23 May 2018
For any further clarification post it in the same thread here.
Guest
(Expert) 23 May 2018
For your information in Chennai K2 Ayanavaram police station might be first time in India A Son was arrested for not taking care of his Father that is before 4 years it self. Now the Act is more strong and do not worry please.
Kumar Doab
(Expert) 23 May 2018
Pls post with your ID and not as AQ and you can get many replies.
Your ID does not mean your email id or phone number and don’t post these also.
Kumar Doab
(Expert) 23 May 2018
Pick up the relevant points, cues from similar queries in threads articles e.g; article under my profile
Now, Property Transfer Deed by Senior Citizen Parent to negligent children can be revoked even if there is NO recital of Welfare Clause in the Transfer deed !
Guest
(Expert) 23 May 2018
The Supreme Court had also directed that Cases of Senior Citizens should be completed on Priority say with in 6 months. Request your advocate regarding this also.and it has to be mentioned in the Petition to implement it.
Kumar Doab
(Expert) 23 May 2018
It is felt that you can have a say in the matter of MoU for MCD.
R.Ramachandran
(Expert) 24 May 2018
1. You say that you transferred the amount of Rs. 10 lakhs through bank to your daughter in law, and the amount was given by you as Loan. While transferring the amount through bank, there is a column asking for description of the fund transfer. HAVE YOU INDICATED IT AS 'LOAN'? Have you got the bank statement showing the amount as 'Loan'?
2. If in the bank Statement it is shown as 'Loan' - then also you will not be able to recover the same now, for the simple reason, the limitation of 3 years is over, as according to you, you gave the loan 4 years back.
3. If as per the MOU, it is a GIFT, then also you cannot take back the gift now. In this regard, I completely agree with the views of Mr. K. Rajasekharan.
4. Yes, you gifted the amount when she was your daughter in law. But the gift was not made on the condition that she will ever remain as your daughter in law. Therefore, when the gift was not made on any condition, the same cannot be taken/demanded back because now she is no more your daughter-in-law. The law does not support you on this.
5. The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 has no application in your case for many reasons, which are legal in nature.
6. Therefore, having given the money, now you have no option to get it back. - Whether you are retired, whether you want the money for your treatment etc., etc., have no relevance to the matter in issue.
