Dear sir, i am ms. uma bhattacharya,89 yrs old, unmarried, single,retired principal and a president awardee.In the yr 1969 I got a house made out of my own funds& ever since then had been staying there.I had 2 brothers both younger to me.In the yr 2008, my youngest brother & his wife both pensioners requested for shelter & and i offered them accommodation at my home, they offered to look after me for ever.Since he was my own brother i trusted them.I also bore their all the expenses of household including their food and welfare.In 2009, i fell down and had an head injury. frequently used to have headache &was under frequent medication.In Feb 2010, my other brother died. In april 2010, my younger brother & his wife took advantage of my poor health & in connivance with his only daughter and son in law, got a will of my property in their name of my brother. In 2011, with the ulterior motive of grabbing my house convinced me to add another floor on my house as this will help me add income by renting of the upper floor. Accordingly,the son in law of my brother made me read a doc.a day prior to submit the application to the authorities which had a mention of seeking permission for the above construction.Next day morning though my left side was partially paralyzed, they took me to some office and made me sign few papers and then we returned home. the docs were kept by the son in law of my brother.In Sept.16 & Mar.17respectively my younger brother& his wife died. Ever since then i had been staying all alone as their daughter and son in law migrated to Lucknow leaving me at the mercy of GOD.At this age I was abandoned by them. i requested them to take me also along as i needed their care but they refused.I myself is a pensioner & and did not require their financial help but their support, company and care.Since i was staying alone in a pathetic condition, my nephew from other brother, took me to Ahmadabad Guj. In dec 2017 during the marriage of the elder daughter of my nephew, our close relatives had assembled at Ahmedabad,where the daughter and the son in law of my younger brother were also present & were being congratulating. When i inquired, i came to know that they were being congratulated for getting my house transferred in their name.On hearing this i got a shock & did not know how to react.Later on digging the matter and came to know that my home was transferred in their name in 2016 itself On Apr.2,I went to Allahabad, next day the daughter & son in law came asked me to vacate my home.I refused so they locked the upper floor with their locks.Next day they came with a dozen of Goon & threatened me to leave the house.On 14.04.18,I along with my two nephews locked my house grd floor and left for DELHI & mid way got a call that they have broken the locks and entered my house and made me home less at this age.All these things have been done fraudulently.They already have 4 houses for themselves.Pl help me to get back my house & punish them. Tks.Uma.
1) file suit to set aside fraudulent transfer of house in name of your nephew
2) seek injunction restraining them from selling the said house
3) you can seek expedited hearing of the case as you are senior citizen
4) also file police complaint of cheating against your nephew
Dear Cleint,
Gift deed executed by playing fraud liable to be dismiss in CIVIL court. File Criminal complain.
Next under Section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Gift Deed is revocable and on the basis that they want u to vacate the house and locked the upper portion.Gift Deed will revoked. Summary Trial. Also complain to maintenance officer appointed under the act and women cell.
Read more at: http://www.livelaw.in/gift-deed-senior-citizen-revocable-even-doesnt-bear-dedicated-welfare-clause-kerala-hc/
File a suit in civil court to set aside the gift and pray for interim injunction in matter for further transfer.
Further File an application before high court to expidite the matter in interest of justice as you are old and matter need to heard urgently.
Further you can file a criminal case on them of cheating, fraud and criminal breach of trust as they have miss appropriated your property by doing fraud in garb of permission they took signature on gift deed.
Alternatively you can file a maintaince and gift revocation complaint with the Senior citizen tribunal under Maintaince and welfare of Senior citizen act there by seek cancellation of gift deed and ask for maintainance and care.
I will advise you to lodge a police complaint and directly file a complaint before the Senior citizen. Welfare and maintaince tribunal.it act very speedy and you will be provided support.
Maintenance and Welfare of Parents and Senior Citizens Act, 2007
23. Transfer of property to be void in certain circumstances.-
1. Where any senior citizen who, after the commencement of this Act, has transferred by way of gift or otherwise, his property, subject to the condition that the transferee shall provide the basic amenities and basic physical needs to the transferor and such transferee refuses or fails to provide such amenities and physical needs, the said transfer of property shall be deemed to have been made by fraud or coercion or under undue influence and shall at the option of the transferor be declared void by the Tribunal.
2. Where any senior citizen has a right to receive maintenance out of an estate and such estate or part thereof is transferred, the right to receive maintenance may be enforced against the transferee if the transferee has notice of the right, or if the transfer is gratuitous; but not against the transferee for consideration and without notice of right.
3. If, any senior citizen is incapable of enforcing the rights under sub-sections (1) and (2), action may be taken on his behalf by any of the organisation referred to in Explanation to sub-section (1) of section 5.
Looks like you were made to sign and execute the gift deed in question by fraud and misrepresentation.
A gift obtained by playing fraud is bad.
File a suit for revocation of gift deed on the ground that the gift in question was obtained by fraud and misrepresentation.
Also mam file a cancellation of the will immediately. Make a registered document stating any prior will stand cancelled.
1. It appears some deed of transferred has been executed and registered their name albeit through fraud or misrepresentation.
2. If that is so then the same is voidable and hence you can file a suit for deceleration to set that deed aside.
3. That type of suit takes time and hence you need time or patience till you wait for its final conclusion.
4. in the meantime I would advise you to take physical possession of the property even if in part. This is crucial to have some sort of negotiation to amicably resolve the dispute.
File a suit for declaration declaring that the gift deed is illegal and void and injunction restraining them from selling your property.
Lodge a police complaint of fraud and cheating, extortion and trespass against all of them.
Also don't leave premises till case is settled. Local Police may help you to get inside property if the opposite party creates any problem.
1. It is amazing how you being a senior citizen of 89 years age, remember the history with such precision dating back to 1969.
2. This is clearly a criminal matter.
3. What the perpetrators must have done is, took your signature on the transfer or gift deed and also on some power of attorney. I am assuming that the transfer document is registered. So just a signature on the transfer papers is not enough. The transferor also has to visit the registrar office and confirm before the registrar that the signature appearing on the transfer document is that of the transferor. Only then is the document registered.
4. In your case it appears that since you are saying that you never signed any transfer document, therefore it is also clear that you did not sign any power of attorney either, wherein you authorised some trusted person to attend the registrar's office for complying with the registration formalities on your behalf.
5. You have to immediately file a police complaint. You can log onto the police website and submit an online complaint. Im sure the police department in your area have a dedicated cell for resolving the grievances of senior citizens.
6. Simultaneously you also need to file a civil suit for declaration that any such transfer document is illegal and for other injunctive reliefs. You can get immediate ad-interim relief from court considering that you are a senior citizen.
Hello,
You may file a suit for cancellation of the sale deed on the ground that the same has been done because of force and coercion and also you may file a case against them for using force and for criminal intimidation.
Contact a local lawyer for the same.
Regards
1. You should file an FIR against alleged daughter and the son in law of your younger brother.
2. Further you should cancel the will aforesaid.
3. You should file suit for declaration and permanent injunction and claim for possession.
This is pathetic.
You have options to approach senior citizen's forum for recovery of the property that was fraudulently transferred to their names.
It was your fault that you never read the papers before signing them.
You cannot claim ignorance of law especially when you are a highly educated person and do understand what was written on it.
Well, since you came to know abut this fraud now, you can file a suit for cancellation of the said registered document and seek the help of senior citizen's welfare tribunal for expeditious disposal.
Mam Immediately File an FIR against them, for trespassing the property,
Further also file a suit under delhi maintenance and welfare of parents and senior citizens act,
For setting aside the transfer deed
Further i want to help u personally
Feel free to contact
Nine Four one six two five six three six seven
In this scenario you can exercise two remedies once criminal remedy for cheating and forgery and criminal trespass pass in your property. One is you can exercise the remedy of senior citizens Act to get back your Property voluntarily given to them for taking care of you. But in your case they have cheated you therefore criminal prosecution will be maintainable.
