Senior citizen wants gifted property back
Sir
My mother is 75 yrs.old, Retired pensioner as a school teacher.My Father has constructed a house. After his demise, the legal heirs to this property were myself, my elder brother, elder sister and my mother. I surrendered my share by Gift deed and moved to my new house. My mother Gifted her 1/4th share to my elder brother by a Gift deed. He and his wife later started tormenting her causing her a lot of mental agony. Unable to bear this, she had approached the police. She has a copy of the letter.
My mother had also lent some money to my Brother. My mother asked my brother to return the money and the Property share, to which, he flatly refused.
Having realised that she has done Injustice to the other children, She then has filed a civil suit in the local court in 2011. The case is going on and my Mother is now despearate and her diabetic condition is getting worse.
Prior to her gift deed, she had made a will, so as my brother would Inherit her property share, Money, Jewellry etc.
I was aware of this. I wanted to respect her will and so I gave my consent to the my mother's gift deed.
How can she get back her share of the property ?
Whom she should approach for relief under senior citizen act, sec 23 ?
Asked 9 years ago in Family Law
Religion: Hindu
Sir
Thank you.
She is not expecting any money as maintenance.
But she is guilty conscious about the fact that injustice is been done to her other children.
This is her biggest regret and that is affecting her diabetic condition.
Can she she not ask the local collectorate to revoke the gift deed under section 23 of the Senior citizen act 2007 ?
Asked 9 years ago