Hello Sir, My grand mother is over 60 years old and illiterate. Her son made her gift her property to him, through a gift deed agreement, by lying to her about the agreement he made her sign. He lied to her that the document she is signing is a surity document, of her property for his son's (her grand son's) medical seat expenses. She didn't know that she was actually signing a gift deed agreement gifting her property away to his son. She always want her property to be passed on to both her daughters, after her life time. Her son is anyways inheriting all the property from his dad (my grand father). The whole of it is around 5 times more valuable. Both the son (and the husband) conned her (with the above lie) into making her sign the gift deed document. Now she realized this, and wants her property back. And passed on to both her daughters instead. How to approach this case? Does "Maintenance and Welfare of Parents and Senior Citizens Act, 2007" help here? If not, how should she approach this case? We already tried talking sense into the son and his dad (my grand father), to give her back her property. But, no luck. Any help or any leads, very much appreciated. Thanks!
A gift can be revoked in a court of law, if the donor is able to prove that the gift deed was obtained under fraud, coercion and undue influence.
File a suit for setting aside the gift deed, since in the present case, you grandmother was made to execute this gift by way of playing fraud upon her.
1) grand mother should file suit to set aside gift deed made in favour of son on grounds of fraud
2) mention that she is illierate and was made to sign document on basis of mis representation that it is a surety document
3) seek expedited hearing as she is a senior citizen
4) seek injunction restraining son from selling the property
When was this gift deed signed?
Because Gift deeds will be valid only after they have been registered, the stamp duty is paid, and all other formalities are completed.
Unregistered gift deed can only be used as evidence.
Regards
Yes, she can take aid of Maintenance and Welfare of Parents and Senior Citizens Act, 2007.
She can file a suit for declaration of the gift deed as null and void as no agreement on the basis of fraud is valid.
She can consider filing criminal of cheating aslo
If the said fraudulent transfer is reported to have taken place within three years, she may file a suit for cancellation of gift deed made by her at the behest of of her son who actually conned her using her illiteracy.
But the success is not guaranteed because until the fraud is proved beyond doubt before court, the court may nit incline to pass a judgment cancelling the registered gift deed.
For maintenance she can file a petition against her husband under section 125 cr.p.c.
