Gift deed

Sandeep Naik (Querist) 03 October 2019 This query is : Resolved
The father has gifted the property with the hopes that the son will take care during his old age. The Welfare and maintenance of Senior Citizens Act, 2007 says that if the beneficiary (here the son) neglects his parents then the donor can revokes the gift deed u/s 23 of the said act. However, the son has sold the gifted property to third person, then whether can claim his right or he has lost his right ?

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kavksatyanarayana (Expert) 03 October 2019
Ji, as the Gift deed was registered his son has right to transfer it in any matter. And to me, it is the responsibility and the legal duty of a major son to look after his parents as per Senior Citizen's Act.

Dr J C Vashista (Expert) 04 October 2019
Recently Supreme Court has upheld decision of Senior Citzen's Tribunal in favour of parents wherein Gift Deed has been declared as "null & void" in a similar case.
Please research.

SHIRISH PAWAR, 7738990900 (Expert) 04 October 2019
Dear Mr. Sandeep,
Father can approach court for cancellation of gift deed and father can also file application for maintenance against the son.
Regards,

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