House property
Riya
(Querist) 15 March 2012
This query is : Resolved
Dear Sir/madam,
My parents have under pressure of my brother gifted their own house to their only son and now he is fighting and torturing them say its his own house and they should leave the place so that he sale the same and parents have no other place to live their life
Is their any way wherein
1) We can cancel the gifted property? Kindly let me know the procedures
2) If so, Kindly let me know details for filing the cases in court
3) Also kindly let me know is there anyway wherein we can file for stay order from court.
Thanks
Riya
Raj Kumar Makkad
(Expert) 15 March 2012
1), A gift cannot be got cancelled unless there is any specific condition in the gift deed and the same has been violated by donee.
2. No case can be filed.
3. Parents are entitled to have right to sheltered house as well as maintenance from their son. This case can be got filed and stay order against the creation of third party in the aforesaid house can be sought with the relief of regular maintenance to parents.
Guest
(Expert) 16 March 2012
Perfect advice by Shri Makkad. Your parents, not only can claim appropriate shelter but also regular maintenance for themselves from their son.
ESTHERPRIYA
(Expert) 16 March 2012
You can cancell the gift deed if you have stated that the said deed is revocable at the intention of the settlor and the settlement deed in not acted upon.
Riya
(Querist) 16 March 2012
Dear Sir,
There is no specific condition written in the gift deed. Its only say its been gifted to him ...actually my parents were not aware of the fact that their son would cheat them so badly. He (son) told them that he wants loan to start a new business since he is unemployed and the bank will not provide him loan so my parents in care and love went blindly and signed the documents thinking its for loan but now he is fighting and torturing them say its his own house and they should leave the place so that he sale the same .Please suggest me what to be done my parents are in trouble as that is the only home wherein they have shelter.my dad is a retired man and mother a house wife .
Thank you very much
Riya
ajay sethi
(Expert) 16 March 2012
make an application under Maintenance and Welfare of the Parents and Senior Citizens Act, 2007. tribunal has power to cancel the gift deed under section 23
Transfer of property to be void in certain circumstances : (1) Where any senior citizen who, after the commencement of this Act, has transferred by way of gift or otherwise, his property, subject to the condition that the transferee shall provide the basic amenities and basic physical needs to the transferor and such transferee refuses or fails to provide such amenities and physical needs, the said transfer of property shall be deemed to have been made by fraud or coercion or under undue influence and shall at the option of the transferor be declared void by the Tribunal.
