My dad's self acquired old house was given through registered gift deed in 2012 & after 7 months I took home loan and constructed 3 storeyed building with ground floor commercial and 6 residential portions..my mother has been continuously staying in the same house and i was giving her money for her maintainace by cash & she was collecting the residential portions rents as well..and since 2009 I was taking care of my father who was sick and staying with me in another house of mine..recently my dad passed away and mom filed an in correct criminal case against and also approached the collector office and filed a case on basis of enior citizen act & is demanding cancelation of gift deed and wants the house in her name so she can give it to her daughters..kindly advise..if the tribunal has rights to cancel gift deed and can i go and collect rents from the tenants.
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Your father was absolute owner of property
2) once gift deed is executed duly stamped and registered you would be absolute owner of property
3) in reply to application by your mother take the plea that during his lifetime father never revoked gift deed
4) you have taken loan for construction of house and are paying mother maintenance every month
Yes if the gift deed is executed under provisions of senior citizens Act then it can be revoked and cancelled by the senior citizen
The tribunal cannot cancel the gift deed executed by your father during his lifetime long ago in your favor.
She is dining all these under the influence of some outside forces.
The law will not help her to achieve her such an unjustified decision.
She cannot claim ownership or cancellation of the settlement deed for whatever reason she may express before court.
Tribunal does have right to declare any transfer by senior citizen void. But such declaration can be made only under circumstances where the transferee fails to provide basic amenities and basic physical need of the transferor. In your case such circumstances does not exist. Further, the transfer is by father, mother cannot seek cancellation of the same. It is only the transferor who can seek cancellation.
- As per Section 122 of the Transfer of Property Act, Gift is the transfer of certain existing movable or immovable property made voluntarily and without consideration, by one person called the donor, to another person called the donee, and accepted by or on behalf of the donee.
- Hence, for a Gift deed, Acceptance is mandatory by the donee , and such acceptance must be made during the lifetime of the donor.
- Further, after the acceptance by the donee , gift deed cannot be cancelled unless it is a conditional gift.
- Since, after getting the said property on gift by your father , you have constructed the same , it means the possession of the property was taken by you during the lifetime of father, hence it cannot be cancelled on any grounds , and your mothers petition before the collector is not maintainable.
- Further, except the court , there is no authority to cancel and gift deed legally.
- Further, after sending a legal notice to the tenants , you can take rent directly.
Dear client,
The deed can not be cancelled now. You can collect rents from the tenants.
Thank you
As long as you let your mother reside in the house peacefully, she cannot plead she has no shelter, which is a crucial issue if she seeks to set aside the gift made out in your favour. If you establish this fact soundly before the tribunal, your mother has no case. She cannot claim title and ownership of the house as a matter of right, but she is entitled only to a proper shelter. As the lawful successor to your father's property by virtue of his gift deed, you can very well collect rents from tenants, and if they refuse to pay you, you may take appropriate legal action against them.
