Vikas 29 May 2024

How law help senior citizen?

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?

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This discussion explores the legal options available to a senior citizen whose brother is pressuring him to allow construction on jointly owned property. The senior citizen gifted 50% of his house to his brother six years ago. Despite the senior citizen's financial difficulties and request to delay construction, his brother is insistent, resorting to abuse and threats. The advice suggests that while direct legal action to prevent construction might be limited due to joint ownership, the gift itself may be revocable under the Maintenance & Welfare of Parents and Senior Citizens Act, 2007, offering a potential avenue for recourse.

4 Replies

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 .