My grand mother(mother's mother) had to transfer her property(7 acres of agricultural land) to her two sons on pretext that she will be taken care by her them. Now they are not taking care of her and not even paying her expenses. Can she fight to get her property back and how difficult is it? Also, are daughters heir's of mother's property legally?
Your grandmother has to file complaint against her sons before senior citizen tribunal seek court orders to set aside conditional gift deed executed by her
2) take the plea that gift deed was executed on basis that sons would take care of her in her old age but they failed to do so
3) if gift deed is set aside on her demise her daughter would have equal share in her property
Elderly parents can take back a share in their property given to a son as a gift if he fails to look after them or harasses them
The 2007 law has provisions that protect parents and elderly persons who have signed away their property or assets to a person so that they would be taken care of, but are then left destitute. If a senior citizen has signed an agreement after 2007 to transfer his share in the property, for example through a gift deed, on the condition that his basic needs would be taken care of, but the person refuses to honour the agreement, then a maintenance tribunal is empowered to quash the agreement.
Therefore file a case in the tribunal immediately. regards
See grand mother can file a petition under Maintenance and Welfare of Parents and Senior Citizens Act, 2007 for cancellation of transfer under section 23 that the property was transferred in lieu that son will take care of her but now they have treated her badly and no care and maintenance has been given.
Yes after cancellation of said transfer mother can gift property to daughter.
1. This is very common for the elderly persons in India and hence the Government of India promulgated a legislation i.e Maintenance and Welfare of Parents and Senior Citizens Act, 2007.
By invoking this provision your grand mother can lodge a complaint with the Tribunal which does not require an advocate to be engaged wherein the Tribunal has the power to cancel the transfer deed which she did in favour of her 7 sons.
On top of that it can grant monthly maintenance to her as well .
In India, a registered document (including a will) can be challenged by any person whose rights, title or interest in the subject matter of the document is affected by the document which is under challenge. As per the CPC, the impugned document is generally challenged by institution of a suit in the civil court of appropriate jurisdiction by presentation of a plaint. Suit contesting wills are commonly referred to as testamentary suit. Registration of the document does not affect the issue regarding who can challenge the document. Therefore the general rule on who can challenge a document is that, those persons whose rights, title or interest are directly affected by the document can challenge the document. However the CPC provides an exceptions where even though a person is not directly affected, he can challenge the suit.Once the document has been registered it can't be cancelled unless through the process of the court
Check the transfer deed is Sale deed or Gift deed . Gift Deed cannot be cancelled unless it is a conditional Gift. Once gift is made by donor and accepted by donee the gift is complete. The title to the property passes on the donee. Donor cannot unilaterally cancel the gift. It has to be done only with the consent of done. Once a gift is complete, the same cannot be rescinded. For any reason whatsoever, the subsequent conduct of a donee cannot be a ground for rescission of a valid gift. If the court set aside the gift deed and on her demise her daughter would have get equal share in her property
So she can challenge the deed of transfer before the court. Senior Citizens Act, 2007 also help her need to enforce the same.
If the property is Self acquired property of grand ma then she can transfer her property as per her own wish. In such a situation her daughters claim over her property is not sustainable.
Yes she can take her property back through filing a case in court under senior citizens Act.
Dear Madam,
- Daughters are not considered legal heir of property in mother property provided the land was ancestoral land.
- The directions from court can be obtained for her maintenance with warning to attach the property.
Regards
Vivek Arya
1. Grand Mother (GM), is legally entitled to rescind /revoke the transfer of property to her sons, on ground of non-maintenance. However GM, has to file a Civil Suit for this. There is already a Mumbai High Court judgement in such similar matters.
2. Mother's mother (GM) property can be claimed by daughters of mother. Property of GM is not classified as ancestral property, hence the daughters can claim, BUT only after demise of GM.
she will have to file a petition in the Senior Citizens tribunal for cancellation of the transfer deeds and reversal of property back to her
Dear Client,
Your mother's children may claim their share by filing a suit for Partition. You may also file a criminal complaint against them.
Dear Madam,
Now the problems of Senior citizens can be resolved immediately under the latest Act i.e. Senior Citizens Act. You please contact any of the local advocate and ask him to file necessary application before Sub Divisional Magistrate(SDO) seeking an cancellation of Will order against them Few FAQ's are as follows:
http://socialjustice.nic.in/UserView/PrintUserView?mid=52569
The Maintenance and Welfare of Parents and Senior Citizens Act 2007
What are the important features of the Maintenance and Welfare of Parents and
What are the provisions about revocation of will?
Ans. As per the provision of Act, a senior citizen can seek to revoke any property, which has been transferred in favour of children/relative on the condition that such children/relative would provide maintenance to him but are not providing the same. The tribunals are empowered to declare such transfers as void on the applications of such parent.
Is any penalty/imprisonment is for the children who abandon their parents?
Ans. Yes, the Maintenance and Welfare of Parents and Senior Citizens Act 2007 contains penal provisions to discourage abandonment of parents by their children by imprisonment for a term of 3 months and a fine upto Rs. 5000/or both on the children.
What are the similarities between Cr. PC 125 and the Maintenance and Welfare of Parents and Senior Citizens Act 2007?
Ans. A parent can claim maintenance in the prescribed manner either from the Court under Cr. PC 125 or from the Tribunal set up under the Maintenance and Welfare of Parents and Senior Citizens Act 2007, if he or she is unable to maintain himself or herself. The penal provisions for enforcement of orders of maintenance under Cr.PC /Tribunal under the Maintenance and Welfare of Parents and Senior Citizens Act 2007 are similar.
What are the provisions for medical care of senior citizens provided in the Act?
Ans. The Act provides that State Government shall ensure that, the Government hospitals or hospitals funded fully or partially by the Government shall provide beds for all senior citizens as far as possible; separate queues be arranged for senior citizens; facility for treatment of chronic, terminal and degenerative diseases is expanded for senior citizens; research activities for chronic elderly diseases and ageing is expanded; there are earmarked facilities for geriatric patients in every district hospital duly headed by a medical officer with experience in geriatric care.
What are the provisions for protection of life and property of senior citizen provided in the Act?
Ans. The Act requires the Central Government and State Government Officers, including the police officers and the members of the judicial service, are given periodic sensitization and awareness training on the issues relating to this Act. Further, the State Government shall prescribe a comprehensive action plan for providing protection of life and property of senior citizens.
What are the provisions for prevention of abandonment of senior citizen provided in the Act?
Ans. The Act provides that whoever, having the care or protection of senior citizen leaves, such senior citizen in any place with the intention of wholly abandoning such senior citizen, shall be punishable with imprisonment of either description for a term which may extend to three months or fine which may extend to five thousand rupees or with both.
What is the monitoring mechanism for implementation of the provisions of the Act by the States?
Ans. The Central Government may make periodic review and monitor the progress of the implementation of the provisions of this Act by the State Governments.
National Policy on Older Persons
Ask her to file revocation of trasfer under Maintenance and Welfare of Parents and Senior Citizens Act, 2007.
Dose she execute gift deed ?
It is a well settled law that gift deed made by a senior citizen can be revoked for not providing the basic amenities even if there is no specific clause in the transfer deed to provide for the senior citizen's welfare.
Your grandmother would have to file a complaint under section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, which provides as follows –
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.
After the gift deed is set aside, daughter will have equal share in the property as per the new provisions of The Hindu Succession (Amendment) Act, 2005 .
1. senior citizen can be revoked for not providing the basic amenities even if there is no specific clause in the transfer deed to provide for the senior citizen's welfare.
2.senior citizen (above 60 years) can apply to a tribunal for maintenance from his/her adult children or legal heir.
1. Her daughters can file a suit challenging the said gift deed registered by your grandmother claiming that she was coerced in to or deceived in to registering her said property keeping her in dark about what she is signing.
2. Your grandmother shall have to depose the same thing before the Court praying for an order for cancelling the gift deeds which were made to be registered by her through coercion or deception.
Your grandmother can file a case before the senor citizen's welfare tribunal and can ask for return of her property from her sons for the reasons that they are not looking after her.
Neither her daughters nor her sons are entitled to any share in her properties as a right not at least during her lifetime.
1. She can file a case in the Senior Citizens Tribunal to seek cancellation of the gift deed executed by her.
2. The tribunal can cancel a gift deed executed by mother in favour of her sons if it is proved that latter have neglected to take care of former.
