My Grand Parents (Age 85+) have 4 children. 2 Sons and 2 daughters. My father is eldest. Grand Parent have 4 acres of Farming land and distributed 1.5 acres to both their son's equally. My Father got 1.5 acre and he sold it because of his daughter's (my sister) marriage. Its done in 90's . Grand Parent have 1 house with some open space in a village around 4 Guntas. the house was spoiled and nobody was living in it until last year December. In this time My Grand parents were staying in thier elder daughter's house near to thier house. Recently, I mean last year My Grand Parents called both their sons and some of the nearest people (Called Grama peddalu) and distributed 2 guntas to each to both their sons. My father got 2 guntas. After that again called my father and his brother and insisted my father that My father has to buy the portion of his brother which is 2 guntas otherwise thier younger son ( who is my father's brother) won't give money/food of his part. So, My father were ready to buy they increased the land cost by double. Though my father bought it for 2 lakhs. we wrote it everything in a Non Judicial bond paper. Then we started repairing the house. It went for 6 months and we spent around 6 lakhs to build the house in that village. We also don't have any house so my father and mother wanted to stay there. So we spent much money on it. Recently just one month before we finished painting and all flooring has done. Now they started creating drama all together (Grand parents, father's Elder sister's family and father's brother family) that they came out to the road and saying that they dont have anything that they gave everything to you (to my father) and he has to take care everything until they die. They created a huge mess in the village. My father is 65 years old retiered singareni employee and he has four kids. 2 sons (Me and my brother) and 2 daughters both are married. With this act he stressed a lot and had a mild attack. We went to Yashoda last week. Though they have thier younger son there in that village and he took half of the inherited properties of my grand parents. He is not willing to take care of them. Surprisingly, Grand parents also not showing any interest to go to his younger son's house for some days. I even asked to stay 3 months in my father home and 3 month's in Brother home also they are denying. I wanted to fight legally on this. As my father is also senior citizen I wanted that the old people burden should be shared by both their sons. NOt only on my father alone. Please let me know whether I am doing right or wrong.
Through what docuemtns partition effected, grand father given propriety to your father, ? If it is not registered than than after their death, your father sibling may stake claim in it.
Obligatory on both sons to look after and bear expanses of parents but this claim grand parents can demand , your father cannot.
Property is not inherited in their life time.
1)you are correct that both sons should take care of their parents
2) your father should call upon his brother to execute registered sale deed in his favour as Rs 2 lkahs has been paid to him
3) if he refuses file suit for specific performance to direct brother to execute sale deed
Tge grandparents have given all of their property to their sons. Some of it purchased by your father. Therefore you have a duty towards them to keep them although the other brother is unwilling.
Therefore you have the property in your name. Family arrangements are honoured by the courts.
Keep them with you.
Regards
Eventhough my father bought the half of the portion for 2 lakhs . The entire property has registered on my father's name as a Gift Deed with no constraints. Does this gift deed can be taken back by anyone in future or now ? Can I go to court against my father's brother for not sharing the burden of thier parents ?
NO, except grand parents if son refuse to maintain them.
You have no locus to approach court.
gift deed cannot be cancelled unilaterally
2) you would need court orders to set aside gift deed
3) you should not go to court against your uncle .
you can apply to the Senior Citizens Tribunal on behalf of your grandparents complaining against your uncle
See it would be better if your father take care of the parents as per there wish as they can file under senior citizen act against father for physical care and maintenance. if they are not ready to go to younger son they cannot be forced, father need to take care of them.
Yes under senior citizen act grand father can cancel such gift deed.
No you have no locus against the uncle before the court.
No the gift deed can not be taken back now.
Only the parents can file the case against the child for not up-keeping them and not you.
Regards
You can go to the court for the same but the effective way will be the said grandparents going against them under senior citizens Act and 125 crpc to maintain them
Once a property has been gifted to the donee, the donor cannot subsequently revoke or cancel the gift. A unilateral cancellation of a valid gift is invalid.
The gift deed can be taken back by his parents Nytine by filing a letter to the district collector as per the new act of 2007. No the court cannot interfere in this unless they are not capable of looking after themselves and in that case grandparents can file an application.
Legally speaking only your grandparents should approach court seeking maintenance if your father denies to take care of them.
Your father cannot approach court before that.
But if they approach court then there's a danger of the property being reverted to them.
Hence you may think about it and take a wise decision.
You cannot initiate any legal action against your paternal uncle on for any reason as this is a problem between your father and him.
If your grandfather is filing a lawsuit against your father before senior citizen tribunal, the property is likely to be reverted to him by an order of court for not maintaining him.
Dear
You cannot take any legal action until your grandparents are willing to live with their younger son only they can file suit for maintenance on younger son.
The gift deed cannot be revoked by anyone.
No you cannot go to court for the suit against your uncle for maintenance of grandparents.
