• My Father has gifted me flat at the age of 52 years and now at the age of 61 he is asking back

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
Asked 3 months ago in Property Law from Ahmedabad, Gujarat
Religion: Hindu

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 

Ajay Sethi
Advocate, Mumbai
68149 Answers
4114 Consultations

5.0 on 5.0

you are not bound to maintain his second wife 

Ajay Sethi
Advocate, Mumbai
68149 Answers
4114 Consultations

5.0 on 5.0

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. 

Yogendra Singh Rajawat
Advocate, Jaipur
14010 Answers
18 Consultations

4.6 on 5.0

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.

Kallol Majumdar
Advocate, Kolkata
1623 Answers
2 Consultations

5.0 on 5.0

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.

Shubham Jhajharia
Advocate, Ahmedabad
20236 Answers
80 Consultations

5.0 on 5.0

You are not bound to maintain the second wife.

Shubham Jhajharia
Advocate, Ahmedabad
20236 Answers
80 Consultations

5.0 on 5.0

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

Anilesh Tewari
Advocate, New Delhi
17201 Answers
265 Consultations

5.0 on 5.0

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/

Anilesh Tewari
Advocate, New Delhi
17201 Answers
265 Consultations

5.0 on 5.0

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

Prashant Nayak
Advocate, Mumbai
13803 Answers
23 Consultations

4.6 on 5.0

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. 

Mohammed Mujeeb
Advocate, Hyderabad
11053 Answers
4 Consultations

4.5 on 5.0

you are not bound to maintain your father second wife. 

Mohammed Mujeeb
Advocate, Hyderabad
11053 Answers
4 Consultations

4.5 on 5.0

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

Dinesh Sharawat
Advocate, Delhi
971 Answers
6 Consultations

4.9 on 5.0

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. 

 

T Kalaiselvan
Advocate, Vellore
57900 Answers
730 Consultations

5.0 on 5.0

No, it's his duty. 

You can leave your grandmother and ask her to seek maintenance from him,  this may put pressure on him. 

 

T Kalaiselvan
Advocate, Vellore
57900 Answers
730 Consultations

5.0 on 5.0

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.

Mohit Kapoor
Advocate, Rohtak
4258 Answers
1 Consultation

5.0 on 5.0

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