• Is gift deed revokable under section 23(1) of the Maintenance and Senior Citizen Act 2007

My mother gifted me the property in 2016 in which my father was the witness and the gift deed was registered. My father has a very big criminal history and was in jail for 8 years and since last 15 years I have been taking care of the property and my mother. Now my father is unemployed so he wants to sell the house and do all wrong things like alchoholism and womenising. I have banks statement since 2015 to prove that I have been paying bills( electricity, gas, property tax, water bill) and all the bills are in my name except water bill. I also have proof of bank transfers in my mothers account. I have a mediclaim in which my mother is nominee. My mother had done one more will in 2014 stating that I should have the property. My father registered a case with tribunal under section 23 of senior citizen and maintainence in BKC , Mumbai. That order I got in my favour from lower tribunal then they appealed with additional collector in the same tribunal. Now the order is passed in their favour stating to cancel the Gift deed. Where can I apply as I just want to waste time. I dont want to go to High court as I dont have money.

Please advice Thanking you in advance
Asked 4 months ago in Property Law
Religion: Muslim

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8 Answers

The appeal is to be filed in the High Court only against the said order. 

 

Regards 

Anilesh Tewari
Advocate, New Delhi
17923 Answers
367 Consultations

5.0 on 5.0

1) The Delhi High Court has held that any person, affected by an order passed by a Maintenance Tribunal under the Maintenance and Welfare of Parents and Senior Citizen Act, 2007, is entitled to file an appeal before the Appellate Tribunal

 


as against order of appellate tribunal setting aside gift deed you can file petition in HC for setting aside order of appellate tribunal 

 

 

Ajay Sethi
Advocate, Mumbai
87212 Answers
6048 Consultations

5.0 on 5.0

If you want to waste time then this is not the forum 

If you are aggrieved by the order of the appellate tribunal then you have to file a writ petition in the High Court 

You think lawyers here will advise you how to waste time ? 

What kind of nonsense is that? 

Nothing stops you from taking help of the High Court's free legal aid services 

Please ask appropriate questions which pertain to legal and not how to waste time before a Tribunal. Lawyers have much better work to do than to give you ideas how to waste time !

Admin  - kindly monitor the queries which are being posted. Please do not allow inappropriate questions which tend to lower the dignity of the profession. 

Yusuf Rampurawala
Advocate, Mumbai
6818 Answers
73 Consultations

5.0 on 5.0

You can approach the appellate tribunal to that effect if you do not wish to approach the High Court. However, approaching the High Court would be the best decision. 

Sanjay Narayandas
Advocate, Hyderabad
101 Answers

5.0 on 5.0

You need to challenge the same under writ petition before high court. If your case has merits you may succeed. I can't say till I check the order of the tribunal. 

Sir, If you need any further assistance.You can approach me through Kaanoon or LinkedIn.

https://www.linkedin.com/in/prashant-nayak-5477b138

Prashant Nayak
Advocate, Mumbai
26719 Answers
79 Consultations

4.4 on 5.0

Hi, When the tribunal has ordered for cancellation of the Gift Deed then you have no other remedy you need to approach High Court for appeal or otherwise you will lose your property.

Pradeep Bharathipura
Advocate, Bangalore
5374 Answers
306 Consultations

4.5 on 5.0

Dear Client,

 

As Section 23 of The Maintenance Act specifically provides that where the property has been gifted on the understanding that the transferee child/legal heir shall provide the basic needs and maintain the senior citizen or parent, any failure on the part of the child to honor such promise made, is tantamount to fraud. Such promise may be express or may be implied and may be inferred from the circumstances surrounding the transaction. Under such circumstances, the agreement to transfer the property shall be deemed to have been obtained by way of fraud and can be voidable by the aggrieved parent/senior citizen. 

Since, you have been taking care of your parents for a long time, you have a strong case here.

 

Thank you.

Anik Miu
Advocate, Bangalore
4377 Answers
45 Consultations

4.9 on 5.0

If you want to save the property you may to prefer a writ petition at high court and put forth your arguments strongly. 

If you don't want to pursue the matter then you may have to leave the property. 

 

T Kalaiselvan
Advocate, Vellore
77366 Answers
1458 Consultations

5.0 on 5.0

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