• Dhanapathiram

I gave my home to my aged parents under dhanapathiram in year 2011, later in year 2019 my parents gave this property to my sister's son use same dhanapathiram, My father passed away in year 2020 and mother staying in the same house with my sister son.
Now my questions are,
My mother can ask my sister's son to return 50% of property ( house) to her name, she want to get some income for her medical expenses.
Can use same dhanapathiram to transfer 50% of property to her name?
Please advise us.
Thank you very much.
Kumar
Asked 4 years ago in Property Law
Religion: Hindu

2 answers received in 1 hour.

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8 Answers

Once gift deed is executed duly stamped and registered sister son would be absolute owner of property 

 

2) if he refuses to maintain her she can seek court orders for setting aside gift deed for 50 per cent share in property 

Ajay Sethi
Advocate, Mumbai
100092 Answers
8174 Consultations

He can refuse to execute gift deed in favour of mother 

 

If conditional gift deed is executed mother can seek orders for setting aside gift deed 

Ajay Sethi
Advocate, Mumbai
100092 Answers
8174 Consultations

- Dhanapathram means gift deed, and if the Gift deed is registered , then it cannot be revoked. 

- Since you have given home to your father , then he was having his right transfer the said home to anybody including sisters son.

- Further, if the entire house was given to him , then even after the death of your father , mother cannot get half of the property as it already gifted 

- However , you should to check the said gift deed , whether it is conditional or final. 

- Further, if he not giving attention towards your mother , then she can challenge that gift deed on the ground that it was obtained forcibly under taking your father in confidence and he was not in sound health. 

Mohammed Shahzad
Advocate, Delhi
15881 Answers
244 Consultations

Dear sir,

1. Dhanapathiram ie  gift deed cannot be revoked once registered

2. Your mother is not entitled to the property as the whole property is transferred to your sister's son.

3. you can ask the son to transfer some property for maintenance but if he refuses it, you cannot challenge it.

4. If such gift is a conditional, then such can be challenged.

Thank you

Anik Miu
Advocate, Bangalore
11114 Answers
125 Consultations

1. Your mother can ask your sister's son to return 50% of the property but it will be his prerogative of agree for such transfer.

 

2. If she does not agree, then your mother can file a case under Senior Citizen Act alleging that your sister's son has induced her to transfer her property in his name with the assurance that he will take care of her for r est of her life which she is refusing to do now and claiming the property back to her by cancelling the  document for transfering the said property to him.

Krishna Kishore Ganguly
Advocate, Kolkata
27738 Answers
726 Consultations

1. He can very well refuse to part with 50% share of the said property.

 

2. In the above event, your mother can file a case against him as per Senior Citizen Act as suggested in my earlier post.

Krishna Kishore Ganguly
Advocate, Kolkata
27738 Answers
726 Consultations

You have already transferred your rights in the property by executing a registered gift settlement deed, therefore you do not have any rights in the property anymore.

If this property was transferred to your both the parents jointly then they become the absolute and joint owners of the said property.

It is reported that your parents have transferred the said property by executing a registered gift settlement deed in favor of their grandson through their daughter.

Now the beneficiary is the absolute owner of this property  especially, this gift settlement deed cannot be revoked if there is no condition imposed in it.

Your mother's claim for return of her 50% share out of the property that was already transferred by her earlier is not maintainable since the settlement deed is not bound by any condition for revoking the same at a a date later on. 

 

T Kalaiselvan
Advocate, Vellore
90295 Answers
2513 Consultations

If your mother had imposed any such condition in the gift settlement deed that he has to take care of her and also provide her the medical expense, and if he is reported to have denied the same or failed to do it then she can approach the senior citizens maintenance and welfare tribunal praying to cancel the gift settlement deed insofar as her share in the property is concerned.

 

T Kalaiselvan
Advocate, Vellore
90295 Answers
2513 Consultations

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