Aries180476 18 January 2016

Senior citizen maintainace

Dear Friends,

I need some help and guidance for a situation I am in.

My father self-owned property which was not inherited. In March 2013, due to certain problems that my mother created in our family, he transferred the property to me via gift-deed. My mother and my 2 sisters were OK with this transfer and didn’t have any objections at that time. My father passed away in January 2015. After his death due to my mother’s behavior and her daily quarrels with my wife, we decided that she will stay with my youngest sister. Now my mother is approaching the police stating that the gift deed is not valid and she has been abandoned by me and hence she is seeking justice. I am OK to pay her the maintenance amount and even provide her an alternative housing but she is refusing saying that she wants to live in our house only. She files complaints against me in the police station and the police takes her side due to sympathy.

My questions are :

1. Can the gift deed be challenged by my mother and be revoked. Even though she didn’t own the property and she had signed as a witness during property transfer procedures.

2. When all the family member agreed that my mother will stay with my youngest sister can she still claim that she is abandoned.

3. What action police can take against me in such matters. Can I get arrested. Can police force me to accommodate her in my house.

4. Even though I am willing to pay her maintenance, can she file a criminal or civil proceedings against me.

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2 Replies

Laxmi Kant Joshi (Advocate ) 18 January 2016

The said property is self earned by your father and the same was in his name hence he had all rights over that property, his gift deed done in your favour is legally valid, no one can revoked this deed, your mother cannot claim any share in it nor she can get revoked it through court, police has no role in it, now it is your property you can use it as you wish, police cannot arrest you on this matter, don't fight with your mother solve your problem amicably with her in this regard you can take help of your siblings and relatives .

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Anil Upadhyay (Lawyer) 18 January 2016

My questions are :

1. Can the gift deed be challenged by my mother and be revoked. Even though she didn’t own the property and she had signed as a witness during property transfer procedures.

Ans . “Gift” defined.—“Gift” is the transfer of certain existing moveable or immoveable property made voluntarily and without consideration, by one person, called the donor, to another, called the donee, and accepted by or on behalf of the donee. Acceptance when to be made.—Such acceptance must be made during the lifetime of the donor and while he is still capable of giving. If the donee dies before acceptance, the gift is void.

Gift Deed Should be stamped and registered, as per law. You are the owner, she cannot challenge it.

2. When all the family member agreed that my mother will stay with my youngest sister can she still claim that she is abandoned.

Ans She is free to say whatever she want. You are liable for her maintenance, as being her son and your liability is not over, if she lives with your sister.

3. What action police can take against me in such matters. Can I get arrested. Can police force me to accommodate her in my house.

Ans. She can file for maintenance and DV against you, before the Magistrate, as Police cannot took action.

4. Even though I am willing to pay her maintenance, can she file a criminal or civil proceedings against me.

Ans. She can file for maintenance and DV against you, before the Magistrate and there you can clear, that you are ready to pay her maintenence, before the court