Hi, My father(Donor) signed a gift deed in April 2020 in favour of his wife. His wife is 2nd wife. First wife died 20 years ago. I am the son of his 1st wife. My father signed the gift deed under pressure and without understanding the full impact on his life. He had brain stroke in Sept 2019 and due to that he is paralysed. He is registered handicapped and has no other income of his own. After signing the gift deed, his wife left him with my grand parents. My grand parents are taking care of my father. He needs full support for his mobility and daily routines. My grand parents have hired carer and they are not getting any financial support or benefit from my father's property. My grand father also passed away in April so now there is no one to take care of my father. My father wants to register a fraud complaint against his wife. Does he have any chance to save his property as he has no other income source to take care of himself.
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1. If the gift was made out of force and fraud then the said transaction is bad in law and not enforceable under law.
2. So your father has the option of filing a suit for declaration, injunction and for setting aside the deed.
3. If it's proved that the deed was made under misrepresentation or coercion then the court can set aside the deed and deliver the possession once again.
He needs to challenge the said gift deed in court and move for cancellation
File a GD in your local ps and also revoke the gift deed.
Father should file complaint before senior citizen tribunal and seek orders to set aside gift deed as was under coercion
in alternative file suit to set aside gift deed
3) seek injunction restraining sale of property by wife
1. The moment gift deed is executed it results in an instantaneous transfer of title from donor to donee, and thereupon the donor ceases to have any right, title or interest in the property.
2. Unless the gift deed is cancelled by the competent court the wife of your father will remain the owner of the property. Even a complaint for fraud and cheating will not lie unless there is a finding by the civil court that gift deed was executed fraudulently and thus without free consent.
3. The remedy in the hands of your father is to file a suit for cancellation of the gift deed.
1. He can file a suit for cancellation of the gift deed though the burden of proof is on him to prove that the deed was signed under force and coercion not by free will, only on ground she is not taking care now and he has no income gift deed cannot be cancelled.
Your father can seek relief under section 23 of Maintenance and Welfare of Parents and Senior Citizens Act, 2007 or can file a civil suit for cancellation of gift deed
Yes, you can bring injunction from court on gift deed first, so she should not get any benefit as of now.
Then file fraud, misrepresentation, and Coeircen case against your step mother. Because you father was handicapped and unsound mind and forcefully she has signed gift deed from your father on her name.
Yes definitely .
You challenge the Gift deed as son of your father and get the deed declared illegal.
In the meantime Please approach Civil Court for a temporary injunction against your step mother and her associates under Order 39 and section 151 of C P C 1908 preventing them to sell,transfer and or alienate the Gifted and disputed property to third parties.
Gift deed was made under impression that she will take care of him, sadly we have nothing to back this up. My grand father died on 2nd April, during the 12 days after the death, both husband and wife had arguments and abusive behaviour in front of so many people everyday. So many people witnessed this behaviour but then suddenly this gift deed appeared which was registered on 22nd April. Is that enough to prove the fraudulent or misguidance?
Yes, then you can maintain application under section 23 of the Act..check the provisions of the Act once
You have to take legal proceedings to set aside gift deed on account of coercion or undue influence
Please approach Maintenance Tribunal situated in your area for reviewing of Gift deed and reclaiming back property from your step mother.
The application, inThe Maintenance and Welfare of The Senior Citizens and Parents Act 2007 , would definitely provide great relief.
1. Gift Deed that was registered by Father in favor of his 2nd wife can be revoked /cancelled using the provisions of the Senior Citizen Laws, for which Father or his legal representative or POA holder will have to file an petition in the local Civil Court.
2. There are several HC /SC judgments in similar cases.
Yes, this is sufficient plus you father healthy condition that he got paralysis attack this is big evidence from your side.
I forgot to mention that my father is not a senior citizen. He is 45 years old. Does he still qualify to approach under Senior Citizens and Parents Act 2007? Also how does this effect me, I have recently started my first job after completing my studies. My father never supported me financially and mentally. My grand father and my uncle paid my college fee and all maintenance charges. As there is no one to take care of my father, I have to pay for his care home fee. Does she or my father have any claim against me? She has two daughters, one is 16 and other one is 10. Both of them are minor. She has been threatening us that she will file a dowry case against me and my uncle.
No, dowry case can be filed against you, Are you her in-laws or husband , you're her step son. If uncle is elder then your father that could be problematic if he is younger to your father then no issue.
45 age does not come under senior citizen act.
- As per Section 126 of the Transfer of Property Act , a Gift deed can be cancelled/revoked either by mutual understanding between the donor & donee or happening of an event mentioned in the deed ,and also if the donor signed the deed under coercion or undue influence such as in a toxic state i.e. not having control upon his brain .
- Since , your father was having brain stroke in Sept 2019 , and due to why he paralysed , it means that he was not having control over his brain & body , and hence he was not able to think properly for doing any act like gifting the property in favour of his second wife.
- Hence, on this ground , the Gift deed can be cancelled by the court after filing a Suit for Declaration before the court , and you can also file the said suit on your father behalf legally.
- However, you are suggested to file a complaint before the police against her before filing the said suit.
- Further, your father being an old aged person can lodge his compliant under the provision of Senior citizens Act as well against her.
Your father is not senior citizen
he cannot approach senior citizen tribunal
you have to maintain your father
your father has to file suit to set aside fraudulent gift deed
Challenge the Gift deed.
Your father is entitled to to be taken good care under the provisions of law.
You are liable to take care of your father.
If you find distractions with wife of your father then ask your father to divorce your step mother.
Then ask your father to file a civil suit seeking cancellation of gift deed explaining the fraud.
She can't file any dowry case against you under the facts narrated by you. Don't be afraid.
yes based on the same it needs to prove the be proved in court to be fraudulent and misguidance
he cant take recourse of senior citizens act. you need to contest the false dowry cases if filed
File case in court for cancellation of gift deed on the ground of fraud, undue Influence, inability to understand the transaction and none delivery of possession due to which gift not completed.
He is not senior citizen. She father never took care of you, you are not liable to maintain him neither his second wife.
No dowry case made out, dont worry.
Strict proof is required mere husband wife dispute cannot be ground that he was forced to register it.
1. See senior citizen act is not applicable in this case for.cancellation. At this stage your father or she cannot claim anything from you.
The revocation of gift includes cancellation of the gift deed and the donee returning the possession of the property back to the donor. Section 126 of the Transfer of Property Act deals with laws relating to the revocation of gift deed for immovable property.
According to this section, the donor may agree to revoke a gift transaction. This can be through a provision mentioned in the gift deed or by mutual understanding between the two parties or happening of an event mentioned in the deed. A gift transaction can also be canceled if the donor signed the deed under coercion or undue influence such as in a toxic state, etc. If the donee disagrees to give back the gifted property, you can approach a lawyer who will help you in fighting a case in the court to get back your property.
according to Maintenance and Welfare of Parents and Senior Citizens Act 2007 a senior citizen is one who is 60+, Your father is not senior citizen. he can file civil suit to set aside fraudulent gift deed.
1. Let your father file a suit for cancellation of the gift deed.
2. Fraud has to be proved through cogent evidence. Conduct subsequent to the execution of gift deed does not amount to fraud.
Your father cannot proceed under Senior Citizens Act. He has to go to civil court with a suit for cancellation of gift deed.
Yes your father has chance to lodge complaint with police for cheating, misrepresentation and coercion, the medical reports etc., will support his case.
Followed by the above, he has to file case for cancellation of gift deed which was got executed by playing fraud, cheating, without his free consent and misrepresenting, and that, he is under medical care and unable to understand the actions etc., also file for injunction seeking restraining orders against the lady from alienating, creating third party interest in the property till disposal of suit.
Before doing the above, immediately issue notice calling General Public not to deal with the above property
As answered above, your father has got good grounds to succeed. Finally, it is your father who has to take decision and to file suit for cancellation of the gift deed and also file application for injunction restraining her from alienating or creating third party interest in the proeprty.
No, your father does not fall under senior citizen act.
No, she cannot have any claim against you and your uncle.
The above medical records of your father and cheating, fraud, misrepresentation made by her will obstruct her.
Your father can file a suit for cancellation of the registered gift deed he had executed in favor of his second wife for the said reasons and also he can produce the medical documents to prove his mentally handicapped position.
You can appoint yourself as a guardian for him and file this cancellation suit
You can collect all the evidences to prove that this was obtained under pressure and the same is invalid since it was forced on him.
You can consult a lawyer in the local and file a suit for cancellation of the gift deed.
You were suggested to file suit for cancellation of the registered gift deed, you may consult a local lawyer and go ahead.
Let she pose any threat, if at all she is giving any false criminal complaint, you can challenge the same on merits and documentary evidences at that time.
1. Yes your father can file suit for cancellation of gift deed on ground that deed was signed Under undue influence of his wife after which she left her without any support so he want to cancel the gift deed and want to claim possession of his property.
2. Yes dates of gift deed are very much importance to contest the case your father can also claim that deed was executed under misrepresentation by his wife.
3. Yes your father can claim maintenance under maintenance and welfare of parents and senior citizen act from you.
No, he cannot.