Vikas 29 May 2024
My father Age is 65.Ownership of House is under my Father.He has given 50% house as a gift to his brother six years ago.Now his brother who is well income wants to construct house now .The financial conditions of my Father is not good now.He request him to construct house after a year.My father's brother is not ready and pressurising him to built early.He abuses him after drinking alcohol and threatened him also .What legal action can my father take?
T. Kalaiselvan, Advocate (Advocate) 29 May 2024
Your father is owner only to the extent of 50%in that property.
Hence your father cannot prevent or restrict him legally from proceeding with the proposed construction.
Therefore no legal action by your father against his brother is maintainable
Dr. J C Vashista (Advocate ) 30 May 2024
Gift for 50% of your father's share in his house to his brother can be revoked through District Magistrate (DC) under the provisions of Maintenance & Welfare of Parents and Senior Citizens Act, 2007 .
Real Soul.... (LEGAL) 30 May 2024
He has just gifted the proeprty he can canel the gift .
P. Venu (Advocate) 02 June 2024
When and why was the gift made? Is he the younger brother? What was his age at the time of gift?
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