Gifter property
jayakumar.j
(Querist) 30 October 2019
This query is : Resolved
The daughter was given gift of House property at the time of her marriage.As sh is the only daughter the parents hoped that she would look after them in their old age.Noe the parents are 65 years old. But the daughter and son in law refuses to look after them. Is ther any possibility to cancel the gift and take it back.?
SHIRISH PAWAR, 7738990900
(Expert) 30 October 2019
Dear jaykumarj,
Challenging gift deed given at the time of marriage may be difficult. However consult with local advocate and show the gift deed. Your gift deed document should provide some grounds for challenging it.
Regards,
K Rajasekharan
(Expert) 30 October 2019
No law would be of any help to you to challenge the gift deed executed at the time of your daughter’s marriage. If you had included the maintenance issue as a condition in the gift deed you could have challenged the deed.
But the Claim Tribunal created under the Maintenance and Welfare of Senior Citizens (MWPSC) Act, 2007 would be of help to you for getting a monthly payment of maintenance not exceeding Rs 10000/- per month.
kavksatyanarayana
(Expert) 30 October 2019
A Gift deed cannot be registered if executed by an executant i.e. vendor only. (the donor and donee) both of them shall execute the revocation deed. it is not possible. so as advise by Mr. Rajasekharan Ji, you can file maintenance case against your daughter under Senior Citizens act, 2007.
Hemant Agarwal
(Expert) 31 October 2019
1. A Gift Deed (apprehensively a Dowry, specifically at time of marriage) by "parents" given to daughter (or anybody) with expectation of getting taken care of in Parents old age (this is not classified as Consideration /Conditional), CAN SURELY be revoked /rescinded by the parent, irrespective of any criteria, within three years of making such Gift and even thereafter via a delay condonation application in the local Civil Court.. This has been upheld by High Courts /Tribunal, wherein it was noted that Gift Deed by way of "coercion, undue influence, fraud or misrepresentation the donor has option to repudiate or revoke the gift".
2. Since Parents executed Gift Deed (say as colorful Dowry), on daughters assurances, of being taken care off and where daughter now refuses to honor the her assurances, such assurances would amount to "coercion, undue influence, fraud or misrepresentation, breach of trust"
Note:
1) The Gift Deed automatically stands revoked "IF" the Gift Deed was not duly Stamp Duty paid & Registered before the taluka Registrar of Sub-Assurances.
2) Dowry received in colorful guise of Gift Deed.
Keep Smiling .... Hemant Agarwal
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P. Venu
(Expert) 02 November 2019
Yes, the Claims Tribunal could be approached. There have been rulings that gift deeds in such circumstances could be revoked if the aged parents are neglected irrespective of the conditions in the gift deed.
krishna mohan
(Expert) 04 November 2019
Gift deed if made unconditional other party can contest as out of love and affection. But as per the protection measure for old age person, necessary action can be initiated to cancel the title transferred through gift but it is a long process. Better will be to settle the issue amicably as it is the responsibility of all children to maintain the parent irrespective of whether asset is give or not.
