Property under senior citizen 2007 act
Sanjeev Sharma
(Querist) 14 June 2018
This query is : Resolved
Sir
My Mother died in 1995 without executing will. Our house was purchased on mother's Name. I have no brother & Sister. In 2012 this property was first transferred 50:50 between my Father & myself. After that My Father transferred his 50% share on my Name by registry in Blood relation. Proper mutation was done. Now my father has applied to Deputy Commissioner under Senior Citizenship Act 2007 that this Entire Property be rolled Back on his name as this was transferred on the basis of Blood relation.
Please tell me whether he can roll back 100 % Property or his 50 % share?
Guest
(Expert) 14 June 2018
Certainly the Senior Citizens Act Provides the Senior Citizens this Option.. But your father could claim back only the 50% of his rights which he had transferred to your name.
Vijay Raj Mahajan
(Expert) 14 June 2018
The 50% of the property that you inherited from your deceased mother cannot be taken away from you under the Senior Citizenship Act, 2007 that portion/share of the property was never the portion/share owned by your father anytime. He can get back the portion/share of the property that was actually owned by him. In the end you both will be end up owning 50% share each in the property.
The reverting back of the property to Senior citizen is possible in cases where they are deprived of maintenance and other supports by the children in whose name they transfer their property or share of the property. If you father is being deprived of any maintenance nor being allowed to live and enjoy the property than his application will be entertained and decided keeping in mind the law of inheritance/the Hindu Succession Act,1956 applicable to property of Hindu female.
Ms.Usha Kapoor
(Expert) 14 June 2018
Your father is entitled to get the property only t the extent of 50%which he intends to transfer to your name.
Sanjeev Sharma
(Querist) 14 June 2018
I want to add one thing that My Father is self Dependent Person,. He had retired form the Government Job and getting Pension of Rs 25000/month.
Sanjeev Sharma
(Querist) 14 June 2018
Is it mattes whether that Property was made by my father or not. Actually my mother was house wife having NO INCOME
Vijay Raj Mahajan
(Expert) 14 June 2018
The property that was registered in the name of mother will be considered her property only whether she was housewife, non-working and payment made by her husband. If father paid for the property he should have got the property registered in his name or in joint name of himself and wife.
Now he cannot claim that it's exclusive his property.
More so the Senior Citizenship Act, 2007 is for protection of senior persons unable to maintain themselves and have no place to live, person who is having monthly pension of Rs25,000/-, place to live and no responsibility of wife or any other family member is not covered under the provision of this Act.
Rest is how well you fight out this case with help of local counsel.
Guest
(Expert) 15 June 2018
Protection does not mean merely money wise self sufficiency in earning Old age required care at every step and phase of life that you seem to have neglected. If at any time due to his ill health he gets fainted or unable to walk even a few steps, what that lifeless pension money be expected to do for him. Not only he can get his share of property reverted back and even gift to someone else, but also can take orders from the court to make you bind to see for his needs and welfare in all respects till his death, if you and your wife has neglected him in that respect.
Guest
(Expert) 15 June 2018
Protection does not mean merely money wise self sufficiency in earning Old age required care at every step and phase of life that you seem to have neglected. If at any time due to his ill health he gets fainted or unable to walk even a few steps, what that lifeless pension money be expected to do for him. Not only he can get his share of property reverted back and even gift to someone else, but also can take orders from the court to make you bind to see for his needs and welfare in all respects till his death, if you and your wife has neglected him in that respect.
Guest
(Expert) 15 June 2018
Protection does not mean merely money wise self sufficiency in earning Old age required care at every step and phase of life that you seem to have neglected. If at any time due to his ill health he gets fainted or unable to walk even a few steps, what that lifeless pension money be expected to do for him. Not only he can get his share of property reverted back and even gift to someone else, but also can take orders from the court to make you bind to see for his needs and welfare in all respects till his death, if you and your wife has neglected him in that respect.
Guest
(Expert) 15 June 2018
Ms. Usha Kapoor,
Is there any specific difference in your advice than others, which compelled you to stick to your advice?
Guest
(Expert) 15 June 2018
Ms. Usha Kapoor,
Is there any specific difference in your advice than others, which compelled you to stick to your advice?
Guest
(Expert) 15 June 2018
Ms. Usha Kapoor,
Is there any specific difference in your advice than others, which compelled you to stick to your advice?
Ms.Usha Kapoor
(Expert) 15 June 2018
For inrease in rank(hall of fame) I'm using that phrase.
Guest
(Expert) 16 June 2018
Ms. Usha Kapoor,
Your confession, "For inrease in rank(hall of fame) I'm using that phrase" clearly reveals that you want to rise in the hall of fame merely by making vague and irrelevant posts of sticking to your advice, when there is no difference in your opinion than others or when you post even without having any knowledge of the subject matter.
Guest
(Expert) 16 June 2018
Ms. Usha Kapoor,
Your confession, "For inrease in rank(hall of fame) I'm using that phrase" clearly reveals that you want to rise in the hall of fame merely by making vague and irrelevant posts of sticking to your advice, when there is no difference in your opinion than others or when you post even without having any knowledge of the subject matter.
Guest
(Expert) 16 June 2018
Ms. Usha Kapoor,
Your confession, "For inrease in rank(hall of fame) I'm using that phrase" clearly reveals that you want to rise in the hall of fame merely by making vague and irrelevant posts of sticking to your advice, when there is no difference in your opinion than others or when you post even without having any knowledge of the subject matter.
Guest
(Expert) 16 June 2018
Ms. Usha Kapoor,
Your confession, "For inrease in rank(hall of fame) I'm using that phrase" clearly reveals that you want to rise in the hall of fame merely by making vague and irrelevant posts of sticking to your advice, when there is no difference in your opinion than others or when you post even without having any knowledge of the subject matter.
Guest
(Expert) 16 June 2018
Ms. Usha Kapoor,
Your confession, "For inrease in rank(hall of fame) I'm using that phrase" clearly reveals that you want to rise in the hall of fame merely by making vague and irrelevant posts of sticking to your advice, when there is no difference in your opinion than others or when you post even without having any knowledge of the subject matter.
