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jatin sachdeva   02 June 2017

Urgent

My father transferred me a property 3 years back and i also invested my money and efforts for the maintenance and renovation of the property so gifted by my father. But later on my sister insisted my father to file a civil suit on me that i fraudulently in association of deed writer,sub registrar and witness i had occupied the property. The Same civil suit has been dismissed by the court on the plea that burden to prove such fraud was on my father and sister and which they both failed to prove such allegation. So i want to know can my father now files a suit under maintenance and welfare act or he has to prefer an appeal against the judgement of the court? and if they now move to maintenance tribunal what can i do to prove my case since the property so transferred was unconditional


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 4 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     02 June 2017

Certainly father can be file a case against his son as per the maintenance & welfare of senior citizen act. 

Maintenance and Welfare of Parents and Senior Citizens Act, 2007

 

25. Cognizance of offences.-

1.     Notwithstanding anything contained in the Code of Criminal Procedure, 1973, (2 of 1974) every offence under this Act shall be cognizable and bailable.

2.     An offence under this Act shall be tried summarily by a Magistrate.

 
1 Like

jatin sachdeva   02 June 2017

Thanks a lot sir,

My father is an pensioner from railways getting around 15k from railways and as per the statement filed by him in court he averred that the alleged transfer deed made by him is an forged document and no such condition whether expressed or implied regarding basic necessties was ever mentioned by him in the plaint or transfer deed(requirement of section 23 of the act).So can he claim the property back by virtue of section 23 and if he do so what could be my point as i invested all my past and present accumulation on this property and never intended not to serve my father. It ismy sister who was never happy with the alleged transfer deed and she made my father agree to go into clash with us.

Please guide how to handle the matter

Kumar Doab (FIN)     02 June 2017

The donor has appeared in person and signed on gift deed drafted by him before registering authority.

The court has dismissed the case on merits.

 

Kumar Doab (FIN)     02 June 2017

If there is NO evidence of disprespect,threat etc then sister may not suceed.

Remain careful.


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