My farther had gifted me a flat which is bough by selling our ancestral property on his name at the age of 52 years and then he had done a second marriage. and now he is influenced by second wife and file a maintenance case against us and asks for my property back. Even I am taking care of my grandmother. My father dont take any care of his mother (i.e. my grandmother). Is this correct? is he eligible to ask my flat back? Note: there is no any point or condition mentioned in gift deed against maintenance of him Thanks
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1) you are bound to maintain your father if he is unable to maintain himself
2) if he has sufficient income ask your grand mother to claim maintenance from your father
3) once gift deed is executed duly stamped and registered you would be absolute owner of property
4) father would need court orders to set aside gift deed
do i m bound to maintain his second wife?
you are not bound to maintain his second wife
Gift deed is irrevocable, no issue. And on behalf of your GM, you can file application in court to claim maintenance.
Revocation of gift deed for not maintenance parents - dose not apply in your case.
do i m bound to maintain his second wife? -- NO.
First ancestral property can not be sold without consent of all coparcener. Property bought with the sale proceeds of ancestral property shall be deemed to be a joint property. Your father can gift you his share only. If no other coparcener then gift will be valid otherwise it will be void to the extent of shares of other.
Gift once made can not be revoked by your father.
See if father file for cancellation of the gift deed under the senior citizen act you can contest same as your taking care of the father and the grand parent and father is influenced and using law to harass you.
You are not bound to maintain the second wife.
If you refuse to take care of father and he has proves to prove the same then he may claim the property back from you
Gift Deed By Senior Citizen Revocable Even If It Doesn’t Bear Dedicated Welfare Clause. You may go through the judgment available at the following link:
https://www.livelaw.in/gift-deed-senior-citizen-revocable-even-doesnt-bear-dedicated-welfare-clause-kerala-hc/
As per the senior citizens Act he can claim it Back if it is self acquired. If it's ancestral only his sure can be taken back by him as you are also the legal heir
Once a property has been gifted to the donee, the donor cannot subsequentlyrl revoke or cancel the gift. A unilateral cancellation of a valid gift is invalid.
you are not bound to maintain your father second wife.
Respected sir...
Yes sir he can ask for the things which is gifted by him to you in that case you have to be one step ahead of him... Just sold it to anyone who is your close prior to his claim and then purchase it back from him in all this you have to pay stamp duty but the entire flat will be completely yours and onces this process be completed even he don't have right to claim it from you...
Thank you
He may claim maintenance provided he is not having any source of income.
If he files a petition before senior citizen welfare tribunal then the decision may not be in your favor hence better solve the issue amicably.
No, it's his duty.
You can leave your grandmother and ask her to seek maintenance from him, this may put pressure on him.
Dear
You have to maintain your parents whether they are biological or step parents.
If you doesn't give maintenance to your father he can ask you to give back his property.
