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Manish   11 July 2016

Senior citizen mainainence tribunal powers

Dear Concerned

My Grand Father and Grand Mother have filed a case against us in Senior Citizen maintainence Tribunal. The Registered Unconditional Gift Deed was done by my Grand Mother in 2010 in the name of my father. Please note that it was not out of love and affection they did it but they have given the property papers to someone and that guy was not returning the papers so in the fear of loosing property they did it. I would like to mention that my father is very very innocent and never ever have created any kind of disturbance for his parents, he in fact helped them whole life and even helped in the wedding of my Buas completely. He is the only Son and now under the influence of my Buas my Grand parents have filed the coplaint demanding monthly maintainence and property back. My buas are very greedy and they want share in the property although all of them are financially sound.My Dad is heart patient as well as diabetic and is feeling lot of pressure due to the false allegations. We have in between even moved out of house and went on rent so that my grand parents lives comfirtably and we were also giving them onthly maintenance. But due to illness of my Dad he was unable to bear the burden of rent and we decided to go back to our house but to our shoch my Dadi called at 100 and created troubling us in entering house back, Cops asked them that my Dad has registered gift deed that too of 2010 so no one can stop them. Then after she filed a complaint in Maintainence Tribunal. We are unable to give them monthly maintenance of 8000 Rs since my Dad is not in the condition to work and my Mom is taking care of financial needs from our shop. Still we can offer Rs. 5000 but now they are threatening us that they can also cancel the Gift deed through maintenance cell. Kindly advise is this possible. Can senior citizen Maintainence cell cancel the Registered Gift Deed. Also would like to inform that my grand parents are also getting pension since my grand father is retired Govt. Employee. Please suggest- Need guidance as we do not have any approach and never ever have indulged in any kind of legal complication in our entire life and also my Father is innocent and not at fault any where.



 9 Replies

binay (advocate)     11 July 2016

Is this property is a ancestral one or self acquired by your grand father

binay (advocate)     11 July 2016

And for your knowledge the gift deed can be canceled. Do you have recept of the monthly maintenance

Kumar Doab (FIN)     11 July 2016

Gift deed can not be cancelled without consent of donee ( your father).

Gift deed can only be revoked by court.

The rsponsibility to maintain nparents lie on all sons and daughters.

Explain the facts to tribunal.

Prefer to engage a very able counsel.



Manish   11 July 2016


Thanks very much for your kind feedback and support. Surely we'll take care of them and as i mentioned my father is very nice human being and loves his parents very much even after what they did now. Just that we need right guidance so that both my Parents and their parents should not suffer just because of the influence and greed of my Buas.

Gift deed is registered and unconditional.


Manish   11 July 2016

My Grand Father bought this property from the money he got from selling the ancestral house which was distributed among brothers.

Kumar Doab (FIN)     11 July 2016

It is reiterated that: Prefer to engage a very able counsel.


You may find the following threads/link relevant and useful:

Parents can't take back property gifted to kids

Manish   11 July 2016

Thanks Sir for sharing the Threads and link. Threads/link are surely relevant and useful.


Mukesh sharma (job )     12 July 2016

Hi manish agree with kumar doab sir and as they said their no any option to cancel gift deed if your father not want to cancel it  

and other about maintaince you need to tell all your condition ttribouinal and show your income proof 

you contact wirth local lawyer who deal in those matter he will help you 


Manish   12 July 2016

Thanks very much for your kind feedback.Will surely follow your advice.


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