1. my father bought a property in the name of his my mother ( fickle minded) in 1972. Those days husband putting family property in wifes name was very common. Benami act came in 1988 my father asserted it is family property , till his death in 2015. He died intestate. 2 sisters are there. My father has given away one my biological younger brother in adoption ,when he was 12 year old. Now he is 45. He stays separately. Adoption deed registered . he is not a survivor to our family. He did not spend a rupee on my fathers health or well being or on his death ceremonies. ( villian of the story ). 2. my mother would always say, that since the money moved from my father, he got it repairedetc. it is family property, like that . but property is in her name. 3 when my mother visited his house, That person, who is my ex- brother, got , a gift deed done, in his favour, by use of brainwashing and threats (that they gifted him, without his permission, etc, ) and got it registered also instantly, by use of force and threats. He is having many properties, from his adopted father, ; one also given away by my father, for the sake of being his biological father. 4. I am the only son and 2 sisters are there. Mother does rounds in all houses. I reside in the property, in question, since my father declared me as natural heir, my mother having agreed to that. He would say, it Is Dharma which holds a grip inside a family and not kanoon. I was in agreement with him. I have spent 10 lacs on property repairs, my father spent 5 lacs. I have spent 35 lacs on the family welfare medical treatment etc. of my parents..etc. 5. I am advised by my relatives to get that gift deed cancelled. They are ready to give witness that he used force and threats, since my mother has told them like that. Gift deed is full of false statements, which can be proved. 6. they say, I should approach the senior citizen forum, under sec 23 of that ACT. That route being simple and fast. My mother does not want to testify against that ex brother, on the reason that, she does not want to come to any court etc. 7 I see that As per that Senior Citizen Act, a son cannot put up an application there for sec.23. I have to approach a society to do on my behalf, my relatives say 8 . gift deed cancellation suit may be costly, if I have to pay court fee. Property worth 41 lacs. 9 . I don’t have any other place to live and my savings are wiped off, towards the expenditure on family , repairs and ceremonies, after the death of my father. My father left behind huge money to my mother only. I am totally outwitted by my ex-brother. 10 . How do I do justice to myself, and for my survival , how do I retain my right residence, if any in the property .
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See through senior citizen act or any other mode your mother has to approach court you cannot approach the court you don't have locus in the case.
Mother can file an application under section 23 senior citizen act for cancellation of deed.
Also a society cannot file case on your behalf mother has to file.
1) if your mother has to file application before senior citizen tribunal to set aside gift deed if she was forced to execute gift deed against her wishes
2) in alternative suit has to be filed to set aside gift deed on grounds of coercion
3) in alternative you can file suit for partition to claim your share in property as it was bought by father in mother name for benefit for joint family
4) seek orders to set aside gift deed
1. Do note that either the gift cancellation suit or the case before Senior Citizen Forum, you can not do anything as long as your mother alive as she alone can file such suit.
2. If your mother agrees then file case before the Senior Citizens Forum but since the donee of the gift deed is not her son under the eye of law , filing a civil suit for advisable.
3. The property which your mother has received from your father is liable to be transferred by your mother to anyone she chooses including your ex brother provided those are not the ancestral property.
Please remember that if you have father expired interested without making a will this property is not a system property and it will be divided among all the legal hair excluding your brother who is gone in adoption and he has no right in the property as he has claim the property of the family who has adopted him any gift deed to him by mother is only possible for her own share and rest of the share cannot be passed to him without gift deed being signed by all of the stakeholders the movable property always goes to the person who is the nominee in the property it can be claimed but it is really difficult to get but you can claim your sharing the property by filing a civil suit for partition of the property
Section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act 2007 which says, “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.
Dear Sir,
It is a settled law that his son given a adoption has no share the property of biological father. Now coming to the question of property standing in the name your mother for which your father invested the amount as such it has to be treated as self acquired property of your father. Accordingly you have a share and your mother who has executed a gift deed in favour of your ex-brother is invalid. It is better to file a case before Assistant commissioner through your mother and if she is not willing then you have no other alternative except to approach Civil Court for cancellation of such gift deed. Anyway you will win the legal fight and you can stay in the said house.
If the gift deed was made without any condition then it cannot be revoked.
If the donor mother was not taken care by the donee then she may file a petition seeking cancellation of gift deed.
Without any valid reason and moreover your mother is not willing to file any case against the donee, you being a third person to the property cannot do anything legally to cancel the gift deed.
It becomes the duty of your mother to testify against her son stating that he coerced and forced her to execute the registered gift deed in his favor against her willingness and this suit should have been filed within three years from the date of execution of the registered gift deed.
You have all the rights in the property being the same a family property. As the money in tue same is not self acquired source of your mother. The gift deed need to be challenged in your case by you before civil court as there is no other alternative as your mother will not help you to challenge it under section 23 of senior citizens Act. First take a injunction from civil court that your brother should not sell or create third party rights in the same.
