See the senior citizen can file a complaint before the Senior citizen maintenance and welfare act for cancellation of such transfer and seeking maintenance from the son.
Further they can file for immediate relief before the tribunal.
Abandoned Sr. Citizens
A retired couple living by themselves nearby was recently asked by their son to transfer ownership of property in Pune that they resided in for years to his name, and to shift in with him in Mumbai. Post sale, they went to Mumbai, but were abandoned at the airport. Upon return to Pune, the society refused access to their erstwhile flat as it was now in the name / possession of their son. Are there any laws under which the transfer of ownership can be voided? What reliefs under which civil or/& criminal laws can be sought? Especially urgent orders. Couple is currently in an old age home for destitute senior citizens.
Asked 6 years ago in Property Law
Religion: Hindu
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12 Answers
parents should file application before senior citizen tribunal to set aside gift of house in name of son as it was done under coercion
2) in alternative file suit to set aside gift deed , injunction restraining son from selling the property . also right to stay in said house pending hearing and final disposal of suit
Lodge a FIR agains t your son for cheating and duping you, and making you fall in his trap.
Seek maintenance from you under Maintenance and Welfare of Senior Citizens (MWPSC) Act, 2007
Dear Sir,
During your lifetime , the ownership cannot be transferred in the name of son and if transferred for some or other reason, then the senior citizens can approach assistant commissioner [ revenue] under the provisions of senior citizens act and get cancelled such deeds and get into possession of such property.
It is a simple procedure and prevails over all other general laws . The said authority has summary executive powers to put the senior citizens immediately into the possession of their property.
It`s a clear case of cheating, ask them to file FIR, Even if house is transferred in son name, society has no authority to hold them from entry.
Ask them to file application before collector, under senior citizenship act. As a interim relief, collector will order reinstatement with the aid of polcie immediately.
Have they executed sale deed or gift deed ? Even for sale deed, payment of sale amount is must otherwise sale is void.
Dear Client,
Old aged parents may demand maintenance under section 125 of Criminal Procedure Code.
They can take immediate relief through senior citizens Act and revoke the transfer in their names from son and evict him from the same
You can make police complaint in the nearest police station under senior citizenship act and can enter in your flat which was on your name previously. So you can retain the flat in your name like previously it was.
1. This is a typical non-humanitarian ugly thing done by the couple's son and deserves to be highlighted in the Media, to shame the Son (including his service /business).
2. The Sale Agreement /Gift Deed etc.... can be easily set aside on grounds of coercion, intimidation, breach of trust, fraud etc...., but all this things will require court intervention.
3. You can file a Police FIR, requesting investigation and charge-sheet, for offences like cheating, intimidation, fraud, breach of trust etc.... against the person, supported with all relevant supporting documents.
4. IF the Police does not take action, THEN you can file private criminal case u/s 156(3) Cr.P.C., in the local Magistrates court, seeking directions to the Police to investigate and file charge sheet. The said Person may come down for settlement.
- It is not celar that , what document was executed for the transfer of ownership of the property.
- As per law , any transfer by way of Gift Deed of otherwise 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.
- He should file a Petition before Senior Citizens Tribunal to seek the cancellation of the said Deed on the ground that he has been neglected by the donee i,e his son.
- Further the senior citizen should file a Criminal petition for his maintenance under section 125 CRPC.
- In the begining of the case , Court will allow interim maintenance to him.
Senior Citizen parents can file cancellation of gift deed and get back his/her property and also under Maintenance and Welfare of Parents and Senior Citizens Act, 2007 a legislation enacted in 2007, he/she can demand maintenance from male children. This Act make it a legal obligation for children and heirs to provide maintenance to senior citizens and parents, by monthly allowance. This Act also provides simple, speedy and inexpensive mechanism for the protection of life and property of the older persons.
Yes they can file a case to set aside the transfer of flat and permanent Injunction to restrain their son to enter the house under The maintenance and welfare of parents and senior citizen act and pray for eviction of their son from that flat.
They can also claim maintenance under the Above act from their son.
