Gift deed by father to son
Hello , My husband and me are in abroad , My father in law don't have any inherited or self acquired
property , My husband is the one who is financially taking care of his parents and a widowed sister and her son since 25 years like medical exp, school and house.Since we were abroad ,with the money we sent father in law bought a site 12 yrs ago in his name , and my husband has to give money to build a house in that site . My husband is the one who married of all three sisters ( 9 lakh total for 3 marriages ) as father in law is retired railway employee without any savings.Later expenses like sisters pregnancy , child birth and any hospitalization everything husband took care as they have the mind set like " YOU ARE THE ONLY SON YOU SHOULD DO ".
In 2007 my husband asked for the title of the home as he spent money to buy the site and built house ,my father in law gifted it thru gift deed as this would save registration money . At that time he asked my husband to give 1 lac for widowed daughter and my husband did so. My mother in law also signed the deed .Gift deed got registered and b khatha done in my husband's name and tax is paid in his name since 2007.
Since 2 years one more sister in law got widowed and without any savings … even though they were well off with house car , her husband ruined it all with alcohol addiction. Now she and other 2 sisters as they are having economic problems and also they think " he is abroad , and has another house … he should give this house to us " and also thinks they can claim there share as they are daughters.
With in-laws and sis in -laws are one group now … black mailing us every few months for money saying father in law hospitalized send 2 lac like this . 3-4 episodes of hospitalization , phone calls and ordering us to send money without asking anything , if we say "last month only I sent 70000, where can I bring money again ?" They say you get lawyer notice for that house . They are living in the house free since 2001. We are regularly sending money to their account for maintenance apart from lump sums like 60,70, 1 lac in between for hospitalization. Both are highly diabetic and constantly getting hospitalized . Here we are in an apartment renting and 2 kids who needs to go to colleges soon ,we have not saved enough for there colleges or any medical emergency for ourselves. You can imagine medical expenses and college fees abroad …
Now this time one more episode of hospitalization ,demand for money once we sent 35000 thru western union and once they got the money transfer number after 5 mins call from sister in law threatening us for more money and also demanding now we should go back to India to look after them as "AS IT IS SON'S RESPONSIBILITY "and also soon we will be receiving a laser notice .
As long as my in laws were healthy they all enjoyed money coming from abroad and took all the luxury of "maika" showering love to parents with sweet words … now that parents got sick and no use for them(daughters ) now they want son to come back find a job in India and take care of their hospitalization .
Now given the situation what is our title to this house questionable by daughters ? Can father in law revoke the deed ?
Asked 2 years ago in Property Law from Bangalore, Karnataka
Your father-in-law gifted the house to your husband, whereafter your husband became the absolute owner of the house. As a corollary thereto neither your father-in-law nor any of your sisters-in-law have any right in the house of which your husband is the legal owner. Your husband is under no obligation to give any financial support to his sisters irrespective of whether they are widowed or not. If you receive any lawyer's notice from their lawyer asserting a legal right then reply to it through your lawyer. Your father-in-law cannot revoke the gift now.
Hi, once the property is gifted it can't be revoked and you become the absolute owner of the property.
once the property is gifted and properly registered it can't be revoked and you become the absolute owner of the property.
Advocate, New Delhi
1) your husband is absolute owner of said house . once gift deed is executed duly stamped and registered your husband would be absolute owner of said house .
2) gift deed cannot be revoked unless gift deed was made by fraud or undue influence .
3) your sister in laws have no right on said house
If your husband has accepted the gift made by your father-in-law and if it is duly stamped and registered then your husband is the absolute owner and the gift deed can not be revoked and legally your sisters-in-law have no right to claim any right on the property.
Once a gift deed is executed ,stamped and duly registered, it can not be revoked except that same was made under fraud,pressure, coercion etc. and your husband as such is the sole and absolute owner of the property. No body including his sisters have any legal right thereupon.If any one claims/or send you or your husband any notice etc,then the same must be strongly responded and denied through a lawyer.
Advocate, New Delhi
Thank you all for educating me in this regard . I appreciate each one of you for your time and effort .
Is it compulsory in Indian law a son has to take all medical expenses of parents . Parents have pension . Sisters demand that whatever ( in lakhs ) money towards there medical expense ? They don't give us on option to say we can only afford this much .They think we can afford as we are abroad .
Asked 2 years ago
The question has two fold responsibilities of a son towards his parents.Morally and socially also a son has duty to maintain and look after his parents which includes medical expenses.Legally also a son is duty bound under law to look after and take care of his parents of course within his limits.But it does not mean that son can plea that parents are since getting pension so he is not responsible for medical needs/expenses of his parents.If son is incapable then daughters can also be asked to extend helping hands in case they are capable and not objected to by their husbands,if married. There is an Act for parents to seek help from their son.
Advocate, New Delhi
its more of social and moral obligation and more over if you do not do that he can get it enforced through court also
Advocate, New Delhi
There is less of legal obligation and more of social and moral obligation.
1) you are not bound to acede to unreasonable demands of sisters .
2) it is duty of son to take car of his parents in their old age . with medical costs spiralling medical expenses have become astronomical .
3) if parents are receiving pension then they would also be entitled to free medical treatment for railway employees . in fact some of railway hospitals are very good and offer best of medical care at a pittance
1. Do not bow down to the unlawful demands of your sisters-in-law.
2. Son is under no obligation to lend financial support to parents if the latter can out of their own sources of income provide for themselves in terms of basic needs, comfort of life and medical costs(if any). As a retired railway employee he would be entitled to free medical treatment in some government hospitals which match up to the best private hospitals in the country.