legal eagle (lawyer) 05 July 2011
i want to know if a gift deed that is obtained by fraud and illegal means, be cancelled in a domestic violence case by way of arguments. on promise of paying monthly amount, the sons and daughter have got the property tranferred to themselves, by way of a gift deed from their aged mother. and now they are refusing to maintain her.
Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com) 05 July 2011
Mother can challange the Deed and also ask for maintenance, as Old Age Parents have right to get Maintenance from their children.
Regards
legal eagle (lawyer) 05 July 2011
thanku. if i try to cancel the gift deed through civil court , i will have to pay court fees, which is very expensive. what is the scope of domestic violence act? please help me, if u have a citation as well
Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com) 05 July 2011
Dear Anamika,
Plz confirm abour you.
Are u Mother / Daughter in law.?
Asgher Mahdi (Advocate & Legal Advisor) 05 July 2011
The reasons of fruad must be proved.
legal eagle (lawyer) 05 July 2011
i am an advocate, and my client is the aged mother.
Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com) 05 July 2011
Then you go ahead and first of all challange the gift deed with the allegation of fraud then also file case of maintenance. Coz domestic violance is something different.
Old Father and Mother have right to maintenance so go ahead.
Good luck.
legal eagle (lawyer) 05 July 2011
not caring for a aged mother is also included in domestic violence, she is a widow.. is there any citation??
Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com) 05 July 2011
No Dear
but go ahead and may be your case will become a citation for others.
Good luck
Ashok Yadav (Lawyer) 05 July 2011
If the condition of maintenance to aged mother was written in the gift deed then it may be cancelled on the ground of voilation of terms of gift deed, then it will amount to conditional gift, and the donee can reveoke the gift if the condition is fulfilled.
You should file a case for claim of maintenance of aged mother, you will succeed surely and the son and daughter will liable to pay maintenance to their mother.
legal eagle (lawyer) 06 July 2011
@ ashok yadav yes it was written. according to that they were supposed to make 5,000/- payment monthly
Asgher Mahdi (Advocate & Legal Advisor) 07 July 2011
why cont U file 125 Cr.PC?
Asgher Mahdi (Advocate & Legal Advisor) 07 July 2011
Ashok Yadav (Lawyer) 07 July 2011
If the condition of maintenance was written then you should file a suit for cancellation of gift deed and application for injunction/stay on the property.
Sunny singh (Director) 10 November 2011
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