Legal heirs

kavita (Querist) 17 March 2020 This query is : Resolved
we were five sisters and all were working and above 30 years of age. first 2 were married rest still unmarried. My father has purchased a flat in my 3rd no sister and given her 30 laks of cash to her and rest she is paying emi via home laon. Now my 3rd no sister has started abusing my father for in every sense. My father unwilling to go for any settlement. My father lives with all of them in flat owned by him only. this sister always says that she will throw him and my 4th no of sister out of this house and then legally owned this flat. Cause of this , first second and fourth sister were had a fight with her but all in vain. younger one is also with her. There is also one plot who is legally in the name of our mother. This third no of sister says that she will also get transfer that property in her name only. Pls do tel me our right.

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A father gifted a flat and cash to his third daughter, who is now threatening to evict him and another sister. The property is in her name, but legal experts suggest the father may be able to reclaim it under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, if she fails to provide care. A separate plot owned by the mother is safe from the third daughter's claims unless the mother consents or makes a will.

Rajendra K Goyal (Expert) 17 March 2020
The flat is in the name of your third sister, she is owner of it.

Your mother should not part from the plot and should make a will in the name of remaining sisters.

It is the duty of all children to look after their old parents.

Raj Kumar Makkad (Expert) 17 March 2020
As per latest law meant fo r the welfare of the old age persons, if their sons/daughters even after making gift etc. in their name, do not serve their parents. such old persons can invoke the doors of law and can get rescined the said gift or purchase etc.

Your father can definitely knock the doors of law by engaging a lawyer dealing in such matters who shall show that the said flat has been purchased by him by incurring a huge amount and other help in favour of his third daughter and further that the said flat should be got reversed to him.

The property in the name of the mother is her exclusive property which cannot be tken by anyone without her consent.

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Akshay (Expert) 18 March 2020
Hi
Thank you for your question
In India Laws for old parents has become stringent.

Maintenance and Welfare of Parents and Senior Citizens Act, 2007
Section 23(1) of the very Act says if the gift has made to the transferee that is your 3rd number sister , shall provide the basic amenities and basic physical needs to the transferor that is your Father, and such transferee refuses or fails to provide such things , the said transfer of property shall be deemed to have been made by Fraud and Coercion or under undue influence and shall at the option of the transferor be declared void by the Tribunal.

And another property is in the name of your mother without her consent nobody can transfer it.It is upto your mother whom she wants to transfer it.

Hope this will help you
Best regrads,
Akshay Gupta

Rajendra K Goyal (Expert) 18 March 2020
Your father can knock the doors of law to get proper maintenance. Agree with the experts.

SHIRISH PAWAR, 7738990900 (Expert) 18 March 2020
Dear querist,

You and your father can approach local police station against the harrassment of your sisters. Your mother's plot cannot be transferred to other name without mother's consent.

Regards,

krishna mohan (Expert) 18 March 2020
Well advised by experts to seek remedy as per protection available under senior citizen maintenance and protection act. If your mother is with your sister who claimed to have cheated, better be vigilant to prevent and gift by your mother to her, then contesting legally is a time consuming process.

Raj Kumar Makkad (Expert) 18 March 2020
The author is otherwise silent about the status of her mother. It has been perfumed by all experts that she is still alive.

KISHAN DUTT KALASKAR (Expert) 19 March 2020
Dear Sir,
The property standing in the name of your mother cannot be forcibly taken by your sister. Your mother being absolute owner can execute a Will in respect of such site property. Your father can claim return off amount paid to her either by approaching Civil Court or may exhaust the provisions of Senior Citizen Act wherein your father if he is Senior Citizen then you may go through the following FAQs and make use of the same.
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http://socialjustice.nic.in/UserView/PrintUserView?mid=52569

The Maintenance and Welfare of Parents and Senior Citizens Act 2007
What are the important features of the Maintenance and Welfare of Parents and Senior Citizens Act 2007?
Ans. The Maintenance and Welfare of Parents and Senior Citizens Act 2007 envisages providing need based maintenance to the parents/grand parents from their children. Tribunals will be set up for the purpose of settling the maintenance claims of the parents in a time bound manner. Lawyers are barred from participating in the proceedings of the Tribunals at any stage.
The Maintenance and Welfare of Parents and Senior Citizens Act 2007 also contains enabling provisions like protection of life and property of senior citizens, better medical facilities, setting up of old age homes in every district, etc.
What is the applicability of the Act?
Ans. The Act extends to the whole of India except the State of Jammu and Kashmir and it applies also to citizens of India outside India (Section 1(2)).
When will the Act come into force in the States?
Ans. The Act come into force in a State on such date as the State Government may, by notification in the Official Gazette, appoint (Section 1(3)).
What is the definition of Child/children under the Act?
Ans. The Act defines "children" as son, daughter, grandson and granddaughter who are not minor.
What is the definition of Maintenance under the Act?
Ans. The "Maintenance" includes provision for food, clothing, residence and medical attendance and treatment.
What is the definition of a Senior Citizen under the Act?
Ans. A "senior citizen" means any person being a citizen of India, who has attained the age of sixty years or above.
Who are eligible for claiming maintenance under the provisions of the Act?
Ans. The Act provides that a senior citizen including parent who is unable to maintain himself from his own earning or out of the property owned by him, shall be entitled to make an application for claiming maintenance.
Whether a person other the claimant can file application on his/her behalf?
Ans. An application for maintenance may be made:-
a. by a senior citizen or a parent, as the case may be; or
b. if he is incapable, by any other person or organization authorized by him; or
c. the Tribunal may take cognizance suo motu.

T. Kalaiselvan, Advocate (Expert) 20 March 2020
Your father did a mistake of buying this house proeprty on your third sister's name by a registered deed.
Thus it becomes her own and absolute property.
Therefore, your father cannot transfer the proeprty to your sister by gift deed which was not his anytime.
In my opinion any application before the senior citizens welfare tribunal seeking to retrieve the proeprty may not be maintainable.
Even if he is filing any application under maintenance and welfare of parents or senior citizens act, 2007 may not be maintainable if he is filing the said case only agaisnt her leaving aside all other daughters who are also well earning persons and capable of rendering financial assistance besides taking care of them.
The solution for this may be to reconcile the differences and arrive at an amicable solution instead of stretching the issue legally where the money, energy and time will be wasted.
However please be aware that she cannot claim any rights over your mother's property, neither anyone of your household or family members can claim any share in your mother's own property at least not during her lifetime.

Rajendra K Goyal (Expert) 23 March 2020
It seems the author is not interested to provide information sought by the expert.

Raj Kumar Makkad (Expert) 23 March 2020
When author himself has no concern with the replies then we should also ignore it.

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