• Cancellation of sale deed based on senior citizen law

Hi,
Last year September my mother gave the settlement deed to me and my brother on the properties two months back my mother stayed with my sister,she convinced my mother to ask a partition in property. During our sister wedding we gifted a land to her and gave lot of gold and car to my sister... Now all the properties me and my brother transferred to our wife names respectively except the house. House is in my name,my brother name and my mother name with the condition of all three can stay in the house and if we want to sell all three need to sign, my mother can't able to cancel this house gifted settlement deed... Now my mother wants all the properties back along with mother to my mother name.... Even the house rent is collected by my mother only and my mother is doesn't want to stay with us either she is asking for the property back... Meanwhile 2-3 days back my mother gave the petition to the district collector to cancel all the settlement deed to us including house under senior citizen welfare law... Now what we should do to protect the properties in our wife names and the house property which is in my name,my brother name and my mom name... Few lawyers are telling we can't get the property back since in the petition they will give fake address and we will not been notified about the petition and directly social welfare department will cancel all the settlement deeds... Can you please help here how to take it further
Asked 2 years ago in Property Law
Religion: Hindu

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6 Answers

The social welfare department cannot cancel the registered settlement deed. 

If your mother is claiming maintenance or if she states that she has not been taken care by her children or if she's not having a shelter or income to sustain her expenses,  then the collector may enquire and pass suitable orders. 

Whereas she is residing in the house property and collecting the rental amount which should be proved before the tribunal and get her petition dismissed branding it as a vexatious claim. 

You can take the assistance of a local lawyer and challenge the case on merits. 

T Kalaiselvan
Advocate, Vellore
84935 Answers
2197 Consultations

5.0 on 5.0

File detailed reply in petition filed by mother 

 

take the plea that house is standing in name of 3 co owners including mother 

 

that she has right to stay in said house and that you have no intention to sell the house without her consent 

 

in event any adverse order is passed against you file appeal against said order 

Ajay Sethi
Advocate, Mumbai
94734 Answers
7539 Consultations

5.0 on 5.0

Going through the contents of the settlement deed can answer your question. 

G.RAJAGANAPATHY 

High Court of Madras 

Rajaganapathy Ganesan
Advocate, Chennai
2132 Answers
8 Consultations

4.9 on 5.0

You can contest the petition by filing your say that she willingly transfered the same and you are still taking care of her. So no need for any transfer

Prashant Nayak
Advocate, Mumbai
31954 Answers
179 Consultations

4.1 on 5.0

At the time of the settlement if your mother was financially independent and made the settlement out of her free will and not under any mental duress, the settlement is perfectly in order in the eyes of law. As your mother continues to enjoy the rental income, her financial status is considered secure. You have to raise these objections when you receive any notice from the Collector's Office based on her petition. 

Swaminathan Neelakantan
Advocate, Coimbatore
2797 Answers
20 Consultations

4.9 on 5.0

Dear clients,
        Yes sir under the Senior Citizen Welfare and maintenance act under section 23 it provides that in case the property is given as gift and no care of the elderly people is taken the gift deed can be revoked by filing an application with the tribunal.

Anik Miu
Advocate, Bangalore
8889 Answers
110 Consultations

4.7 on 5.0

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