Dilip Bhyrav 18 June 2018

Gift deed property cancellation at the AC court on basis of Senior citizen welfare Act

Hi

My grandfather have a son and a daughter. My grandfather now gave his own earned house property as a gift deed to me and my brother. And it is registered and khata transferred. But after couple of months grandfather has misled by his daughter and he is asking the property back and we are not ready to give it back. so they are trying find a way to cancel the registered gift deed or to take back the property.
So they filed a senior citizen case at AC court as that we are not taking care of them. For that reason they are asking the AC judge to cancel the gift deed property.
Since no lawyers are allowed inside the AC court during session. Only party members are allowed and we only have to defend.

So is there any way for us to make them not to cancel the gift deed property?

Note: All the property related documents are with us and they don't have any documents.
Khata also transferred to our name.

Since they are influencing by third persons now they are making the statements as the documents has been signed by Scaring them/Making them afraid kind of things.
Though everything was done by donors will and donors interest only. Now they are lying. How this will affect now? What are the ways for us?

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3 Replies

Kumar Doab (FIN) 18 June 2018

Gift is complete the moment IT is made by donor and accepted by donee.

The mentioned Act does provide recourse sought by donor..

You need to convince the authority that you are taking proper care of donor ( Sr. Citizen Grandfather) and providing basic amenities, maintenance, care...etc etc and are willing to take good care…..

Kumar Doab (FIN) 18 June 2018

There are many publications that you may go thru to understand the finer nuances of the matter..at LCI also by using the SEARCH option in threads, articles, files

e.g; Article under my profile;

Now, Property Transfer Deed by Senior Citizen Parent to negligent children can be revoked even if there is NO recital of Welfare Clause in the Transfer deed !

For other perspective;

you may also go thru;

Parent cannot take back gift from child

And details of judgment by Mr. Justice K.Kannan

Punjab-Haryana High Court

Jagmeet Kaur Pannu vs Ranjit Kaur Pannu on 22 January, 2016

https://indiankanoon.org/doc/165023482/

Kumar Doab (FIN) 18 June 2018

The Local Tribunal might have also delivered decisions on both perspectives as above…beased on facts, merits, irrefutable evidences

You may approach the concerned official that has record e.g; PA and ask for copies of previous judgments..

Approach senior LOCAL counsel of unshakable repute and integrity specializing in Civil matters and well versed with latest citations, LOCAL applicable rules/laws/ … and having successful track record…. and worth his/her salt…..and show the case related docs etc etc for guidance and help..so that you can present your version effectively.

The recourse of amicable settlement with Sr. Citizen Grandfather can be the best recourse..

Instead of losing the gift by order of authority ( if ordered in Tribunal, Appeals..)...

Rest is upto you.