A case must be filed before the tribunal constituted under the senior citizens act of 2007 wherein gift deed can be cancelled by a senior citizen in case of abusive behaviour of children/relatives.
Cancel gift deed to son when the son gifted the property to grandson
1) I am 70 year old female residing in Delhi who gifted a floor in my house to my son in 2018 2) My son gifted the same floor to my grandson in 2021. 3) My son does not take care of me anymore and is abusive in nature 4) How can I cancel the gift deed of 2018 and get the floor back
Asked 2 years ago in Property Law
Religion: Hindu
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8 Answers
Show your gift deed.
File complaint against your son before senior citizen tribunal and seek orders to set aside gift deed as he is refusing to take care of you and is abusive by nature
In this case you have to file suit for declaration and cancellation of Gift deed executed by you and subsequent Gift Deed to your grandson and immediately have to take stay order for restraining them from creating any further interest on the flat in question to avoid multiplicity of the litigation. Matter is urgent. Go ahead immediately.
1. To get back the ownership of the gifted floor, complain to the statutory authorities U/s. 20 of the Hindu Adoption and Maintenance Act 1956 as also under Maintenance and Welfare of Parents and Senior Citizens Act.
2. By following the above procedure, you may likely to get the gifted property back by revoking the Gift Deed executed by you in favour of your son.
- The Punjab and Haryana High Court has ruled that property transferred to a son or daughter can be revoked in case such parents find themselves being harassed by them. Even without putting a condition in the property transfer deed, they can revoke
- Hence, you can cancel the said gift deed given to your son due to his mistreat ,and even he transferred the same to your grandson.
- You can lodge a compliant against him under the provision of Senior Citizen Act against him and also under the provision of Domestic Violence Act .
- Further , by filing these cases, you can claim maintenance as well from him.
If you had transferred the property by executing a registered gift deed to your son with conditions that he will have to take care of you or you will retrieve the property by cancelling the gift deed, then you can very well approach the senior citizens welfare tribunal with a petition to cancel the gift deed and repossess the property for the said reasons.
Even otherwise you can approach the tribunal seeking relief and remedy to this continuous tortures as well as negligent activity of your son.
If it is gifted by you through irrevocable gift deed you can't object what he does in future of the said property. In this case you can try to cancel or revoke the saud gift deed through senior citizens act
