How to revoke the gift deed obtained unlawfully

She can file maintenance case against her son, no criminal cases will be maintainable 

Dear Adv. Kalaiselvan,

Thank you for the response and advise. I have some more query on this.

• Maintenance charges could be a nominal amount, equivalent to 10 K or 15K per month. What about the properties unlawfully obtained from Father ?
• Neither there is an NOC nor Gift deed have any consent or signature of other legal heirs.
• About the accident recently happened - Mother is suspecting Son - Local Police failed to catch the motorist claiming that there is no CCTV in that area (By the way, this accident took place in ONE of the biggest traffic signal on a highway leading to Airport - Quite questionnable ???)
• Past behavior of Son, medical records, denial of timely medical treatment etc.

Please advise the best option to get a part of the property or equivalent amount for her survival.

The gift deed was made by the father during his lifetime and it was his self acquired property hence there is no necessity to obtain NOC or consent from his other children or even from his wife.

It cannot be revojked now.

Without any evidence or motive the son cannot be suspected to be behind accident.

Thank you Adv. Kalaiselvan.

It was a joint family property comprising ancestral assets. How to protect the life of Senior Citizen Mother ? What are the legal protection rights, he can seek for ?

In a joint family property all the children are entitled for a share equally along with the father, hence the daughter can file a suit for partition claiming her share out of the property transferred to her brother by her father which includes her share to which she is entitled as birth right.

She need file a suit for cancellation of the registered gift deed because she is not a party to it, but she can seek relief of declaring the gift deed null and void insofar as the daughter's share in the property is concerned.

You may consult a local lawyer and proceed as suggested.

Her mother cannot claim any share out of the gifted property because she is not entitled for any share in the joint family or ancestral property.

Good afternoon Adv. Kalaiselvan,

Thank you once again for the advice. Do you have some one in your circle who can help ?

You can consult any advocate hailing from your town from this forum or outside and engage the services on the terms of the chosen advocate

File a complaint before the District Commissioner under the provisions of the Senior Citizens Act, authority will take care of everything.

Her daughters and her can file a suit for partition along with the mense profits and seek for consequential relief that the settlement deed is void and not maintainable under Law, as the property is ancestral property, she can also file a interim  petition seeking not to alienate the property and then the son will come running to her feet

Legal Actions and Remedies

1. Challenge the Gift Deed
   The Gift Deed can be challenged in court if it was executed under fraud, coercion, undue influence, or misrepresentation. Since the father did not inform other heirs and the son has a history of abusive behavior, the mother and sister may have grounds to claim undue influence or fraud.

   Steps:

   • File a civil suit for the cancellation of the Gift Deed.
   • Argue that the father's consent was not free and was influenced by the abusive son.
   • Highlight the lack of transparency in executing the deed.

2. Claim Partition of Property
   If the property was ancestral, all legal heirs, including the mother and sister, have an equal share under the Hindu Succession Act, 1956.
   Steps:

   • File a suit for partition to claim their rightful share of the ancestral property.

3. Elder Abuse Complaint
   Under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, the mother can:

   • File a complaint with the Maintenance Tribunal seeking maintenance from the son.
   • Raise criminal charges for elder abuse and neglect, especially due to her treatment during and after the accident.

4. Criminal Complaint for Neglect and Torture
   The mother can file an FIR under the following provisions:

   • Section 498A IPC: Mental cruelty (traditionally for women in marital homes but may apply to abuse of the mother).
   • Section 323 IPC: Voluntarily causing hurt.
   • Section 506 IPC: Criminal intimidation.

5. Hospital Neglect and Suspected Accident
   The delay in treatment and suspected involvement in the accident can form grounds for a criminal complaint. Evidence like hospital records, CCTV footage, and testimonies will be crucial.

Evidence Gathering

To strengthen the case:

• Obtain a certified copy of the Gift Deed.
• Collect medical records, hospital bills, and doctor's reports highlighting the son's neglect.
• Record testimonies from witnesses, neighbors, or relatives about the son's abusive behavior.
• Gather evidence of the father's intent regarding the property, such as letters or informal communications.

Recommendations for Legal Representation

Finding a trustworthy lawyer is critical. Look for:

• Expertise in property disputes, elder abuse cases, and family law.
• A track record of handling partition suits and Gift Deed challenges.
• Empathy and dedication to senior citizens’ welfare.

You can reach out to:

1. Local Bar Association for referrals.
2. Organizations like HelpAge India, which often have legal resources for senior citizens.
3. Platforms like Lawyers Club India, where experienced lawyers can be identified based on your region.

Immediate Steps

1. Lodge a complaint with the local police or Senior Citizens’ Welfare Cell.
2. File an application with the Maintenance Tribunal for financial and residential relief.
3. Consult a property lawyer to initiate a partition suit or Gift Deed cancellation.

The querist has more of subjective opinion than material facts. There could be no cause to get the gift deed revoked unless there is inherent illegality or improprity in the execution of the deed.

Subjective opinions or wild allegations as to the wrong doings or moral short comings of the son and the daughter-in-law are of no relevance in the given context.