After my father's death in yr 1999, According to his will, a property including a home and a shop was registered in equal shares of my mother, me and my brother.In yr 2015 through family settlement My mother and my brother transferred that shop through registered Transfer Deed. Now My mother and my brother want their share back. Even now i m bearing maintenance of my mother even she is residing with my brother 1) I want to ask can they take back that shop acquired by me trough registered deed? 2) Can they file any suit against me to cancel Registered Transfer Deed? 3) Is any suit maintainable in the court of law?
1) once gift deed has been executed duly stamped and registered you are absolute owner of shop
2) gift deed cannot be cancelled unilaterally
3) your mother , brother would need court orders to set aside gift deed . Chances of gift deed being set aside are bleak
4) suit would take 15 years to be disposed of
1) I want to ask can they take back that shop acquired by me trough registered deed?\
Answer: Unfortunately they can take back their property. This is possible under the section 23 of Maintenance of Senior Citizen Act, provided your mother is above 60. So your brother cannot take back his share only your mother;
2) Can they file any suit against me to cancel Registered Transfer Deed?
Answer: Yes your mother can file a suit in the relevant court to revoke the transfer deed;
3) Is any suit maintainable in the court of law?
Answer: Yes it will be maintainable in the court.
This is my response to you:
1. Engage services of a lawyer;
2. Let him/her verify your documents;
3. If there is some loophole to bind them by their actions then use that;
4. If you provide proof that you are maintaining your mother then the suit she files will be null and void.
Gift deed cannot be cancelled without consent of donee.
But maintainance is being given to her every month
This is in further response to you:
1. If you are keeping her in your own house;
2. You have physical evidences to prove that you have been maintaining her then you have nothing to worry;
3, Though she still can approach the court, and claim relief;
4. The court will be inclined towards her;
5. Considering you have evidences in your favour, you have the merit on your side.
They cannot take back property once registered deed is done and they have affixed signature the only remedy available for them is to file a suit for declaration that the transfer deed was done by fraud or coercion. Filing suit is their right but you need to contest it and also prove that it was done without any coercion or undue influence.
If you are giving maintenance to your mother that would not restrict them from filing suit for declaration.
A son’s or daughter’s liability to pay maintenance amount to his or her parents is not just a duty but a dharma
Gift deed would not be set aside by court
Firslty, whenever a deed has been made there may be some conditions put in it with regard to some limited right of the person who is giving it to you.
Secondly, if that right is not complied by you only then it can’t be revoked.
Thirdly, so, if there is any then may be they get success otherwise even if they go for the cancellation of the same then also it would be very difficult for them to succeed.
1. No they cannot take the shop when it registered to you vide valid family settlement deed.
2.They can file the suit but the same cannot succeed in case the deed is registered as it valid proof of transfer.
3. No the suit is not maintainable in Court of law.
Though you mother if senior citizen can file in tribunal Senior Citizen maintenance and welfare tribunal to cancel the deed. But in scenario it can be contested, if you take take care of mother and her expenses.
In case you are maintaining her then her cancellation application under Senior citizen welfare and maintenance act not maintainable.
If it is a gift transfer and there is no compensation wait for the transfer then in breach of any condition of the gift this is maintainable both of you have to maintain your mother and the provisions of maintenance and welfare of parents and senior citizen act 2007 will apply and you are bound to do so please check the transfer conditions before you go for any petition.
CONSIDER THIS:
1. A Registered Deed can be cancelled /rescinded ONLY IF:
a) ALL the signatory parties agree to cancell the Deed,
b) That consideration (if any) is not received /paid,
c) Deed is prepare by threat, coercion, cheating, fraud, forgery,,,,
2. EVEN if the opposite party files a Suit, THEN too they will not succeed, atleast legally
Keep Smiling .... Hemant Agarwal
1. No. It cannot be done without your express consent, unless there was a clause in the transfer deed which gave a right to revoke/cancel unilaterally.
2. No. Even if they do, it is not likely to succeed.
3. That will be up to the court to decide.
NO,
rare possibility of success.
Within 3 years
1. What's the type or nature of transfer deed they executed in your favor.
If the transfer was not by a condition then the registered deed cannot be revoked.
2. It depends on the recital of the said deed. You have not given the details of the transfer deed.
3. Revert with details for more and proper opinion
Maintenance is a different subject to their claim for taking back their properties.