1) Only you and your brother has rights that .
You don't want your mother and sisters share from property and return it back.
2) Need to read all three agreements so we can provide you valuable decision.
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Is it possible to cancel registration, when son is not looking after her senior citizen mother
Dear sir's, We are family of 6, 3 brothers and 3 sisters. My Father owns a property on his name, and expired in 2004. After that my mother , 3 sisters and 1 brother released their rights on the property ( registration) to us ( on my brothers & My name), on the document it says we paid around 2 lakhs to them. But we did not pay anything. After that I took education loan on that property ( Am in US now),still pending. I have given GPA to my brother to take bank loan ( he took 2 loans on his name and his wife's name), still pending. Now my brother occupied that property and harassed my mom and send her. My mom filed a case on him in police station. he also filed case on our sisters saying we made nuisance at his house ( when my mother, sisters and some elders asked him to vacate that house and give my share rents ground floor belongs to me ( rents) 1st floor he is staying with his family) I also send GPA cancellation to Banks, they said its not possible to cancel now? loans pending. ( 15 lakhs loan, I signed GPA, he took another 8 lakhs from Bank and claiming he borrowed another 30 lakhs for construction, he Increased construction cost, he is asking me to pay 60 lakhs to get my share. our own people build that house for 20 lakhs only. Is it possible for my mother to cancel her registration on senior citizens act ? my sisters and brothers aso willing to sign for cancellation ? how to proceed ? Thank you
Asked 5 years ago in Property Law
Religion: Muslim
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12 Answers
Your mother should file application before senior citzen tribunal to cancel relinquishment deed executed by her in favour of your brother as he is not taking care of her , abuses her and forced her to vacate the house
No your mother cannot cancel in such circumstances under the Senior Citizen maintenance and the welfare act the property is already being charged and the mother and sister has agreed that they have been paid for their right.
If the parents are not only exposed to emotional neglect, feeling of rejection, social insecurity, but to physical and financial support also, throwing a major challenge to their very peaceful existence, then it is fundamental right of the parents to seek a life of dignity, peace and liberty at this stage and that it is necessary to enforce the provisions of law.
in a case it was asked that In the absence of specific recital as conditions referred in the Transfer Deed by the Transferor i.e. Parent to Transferee i.e. Child(ren), whether Tribunal has a power to declare transfer as void?.
The Kerala High Court decided; A deed can be declared as void on not fulfilling the two conditions; (a) transferee shall provide the basic amenities and basic physical needs to the transferor and (b) such transferee refuses or fails to provide such amenities and physical needs, and declared transfer as a fraud or coercion or under undue influence, as the case may be at the option of the transferor, even if there is NO recital of welfare clause in the Transfer Deed.
{A}The aged parents expect that their children whom they have raised with love, affection and care shall care for them and tend to their needs in their sunset years.
The moral obligation to support one's own aged parents can be found in different cultures and religions. Despite the preaching's by religion, teachings of teachers, learning's by education, moralities by cultures, traditions by customs, discourses by societies, upbringing by parents: The children when they become adults may abuse, torment, harass their own Parents and snatch their peace of mind, assets, properties.
The situation is at times complicated when aged parents transfer their properties to their children out of love and affection expecting care in return and thereafter children become negligent and don't care!
Then the Legislature, Law, Enactments, State, Courts of law have to rise and the Long Arms of Law are to be stretched to embrace the aged, Senior Citizens and Parents that are not able to defend themselves.
The real tension arises when this moral obligation of children to care for their aged parents crystallizes into a duty enforceable by law and dirt is spilled on parents by their own children.
{B} Incorporate stringent provisions in land registration deeds, that makes the transfer of property illegal or void if the elderly are not provided basic amenities by the beneficiaries.
In a letter to all sub-registrars and joint sub-registrars on December 26,2012, the district additional deputy commissioner (G) has directed them to make it mandatory to include Section 23 of the Maintenance and Welfare of Parents and Senior Citizenship Act, 2007, in the registration deeds of property, that the elderly transfer to their children or legal heirs.
The incorporation of the clause in the registries would in effect mean that the registries would be liable to be cancelled if the maintenance and physical needs of the senior citizens are not taken care of by the children or legal heir. Thirty five elderly persons of Amritsar had been benefited with the pronouncements of courts of the Tribunals under the Maintenance and Welfare of Parents and Senior Citizens Act in 8 months.
Properly informed and supported Parents can speedy, cost effective remedies from designated authorities per Rules framed Under the Maintenance and Welfare of Parents and Senior Citizen Act,2007.
regards
It seems that your mother, three sisters and a brother have executed a registered release deed in favor of your brother and you by mentioning that your mother, three sisters and brother received the value / consideration for their respective shares. At this juncture the Sub - Registrar or any other registering authority does not any power to cancel the registration of such document.
The only remedy left for your mother, sisters and brother is to approach the Civil Court of Law by way declaration seeking the relief of declare said document as null and void to the extent of your brother (along with whom you are the party to said registered document) on the basis of said document was got registered under influence and without paying any consideration of share value.
The GPA which you have given to your brother can be cancelled by you at any time. You have cancel said GPA before concerned registration office, if registered. If GPA is not registered then you have to give a public notice in any of local reputed daily news paper. But the loan already availed from the bank cannot be recalled or cancelled until full payment was settled. You must sent a letter or notice to concerned bank stating that you have cancelled GPA and your not liable for any further transactions
1. Registered Deed can not be cancelled. However, there has been a Court order recently reversing the deed of conveyance in favour of the Sr.Citizen parents who re not taken care of by the son.
2. However, it is an isolated case only and based on it all deeds of conveyance can not be cancelled since the law has not been ammended.
3. You ask banks not provide any further loan to him based on your said POA which you have cancelled.
4. Since as per you "he took 2 loans on his name and his wife's name", they will be held responsible for repaying the said loan standing in there names. However, I fail to understand as to why your POA was required for their taking the loan.
5. You should now file a partition suit claiming share of the said property by dividing and demarcating it.
This is my response to you:
1. Yes the gift deed can be cancelled under section 23 of the MSCA;
2. Check this landmark judgment: https://drive.google.com/file/d/0BzXilfcxe7yuTVktR0ZLY1hlbGM/view
3. Engage services of a lawyer and you can directly approach the High Court under Writ jurisdiction to get quicker results.
No there's no provision for cancelling the relinquishment she earlier made under senior citizen act. Neither your sisters can cancel this now.
Your mother must claim maintenance from this brother of yours under the senior citizens act.
She can also move a police complaint against him
1. Under the Senior Citizens Protection Act the tribunal can cancel a transfer of property made by parents to their children if the latter neglect the former after the execution of transfer.
2. Since the rights were released by your mother in your and your brother's favour the cancellation deed can be executed to cancel the release deed if there is a positive agreement between the beneficiaries and your mother. Your mother is not required to approach the Senior Citizens Tribunal.
Yes this is a possibility but you have to prove that you have not paid any money mentioned in the registration to cancel the registration deed.
As a senior citizen your mother is allowed for the maintenance from all the children as per the maintenance and welfare of parents and senior citizen act 2007
She can approach senior citizens tribunal for evicting him from the property for the said reasons and also to cancel the registered relinquishment deed executed in his favor long back.
His cruelty against her shall be the one among the reasons besides throwing her out of the house and not maintaining her properly.
The tribunal in various cases have retrieved the properties back to the senior citizens for the same reason.
1. if no money was paid to releasors then they still have their share in the property despite the execution of registered release deed
2. the releasors will have to file a declaratory suit in court to claim their shares as per Sharia law and seek partition of property
3. the release without any consideration will be considered as a gift. so your mother can apply to the tribunal under the senior citizens act to claim her property share back from the son and cancel the release/gift in his favour
4. as you have given POA to your brother to take loans, you being the principal, will be liable to clear those loans. So you will have to challenge the POA granted by you and the loans taken by your brother using that power of attorney by saying and proving that the POA was taken from you by misrepresentation and the loan liabilities are solely of your brother
5. you can also issue a legal notice to your brother revoking the POA and mark this letter to the bank which gave the loan. However this will not absolve you of your liability to clear the bank's loans
