Even if he has sold it then too it can be returned and the gift deed can be cancelled under the senior citizens act of 2007.
File a case before the tribunal constituted for this purpose.
Cancel gift deed to son who sold the property to grandson
1) I am an 80 year old hindu female living in Delhi. I owned a floor in a house in Delhi. 2) In 2017, I made a gift deed in favour of my son and made him the owner of this floor 3) In 2021, my son's behaviour changed and he does not take care of my needs anymore, so I decided to go to court to cancel the gift deed. 4) My son found out about it and before I could cancel the gift deed, he sold the floor to my grandson for Rs 1 crore (which is the government rate of the property) and received this payment through bank 5) Is there a way I can show that the sale of the floor from my son to my grandson is not real, but only on papers, which my son did only to prevent me from getting the gift deed cancelled through the court?
Asked 4 years ago in Property Law
Religion: Hindu
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9 Answers
File complaint against son , grandson before senior citizen tribunal and seek orders to set aside gift deed made by you as son is refusing to take care of you and abuses you
also seek orders to set aside further sale of property made by son to grandson
1. Irrespective of the subsequent Sale Deed to ANYBODY, you are still entitled to Revoke the Gift Deed and the subsequent Sale Deed, BUT only thru proper proceedings in a local Civil Court.
Keep Smiling .... Hemant Agarwal
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- As per law, you can cancel the said gift deed on the ground of mistreat by the son and not taking care to you after filing a declaration suit before the court.
- Further, you can also lodge a compliant under the provision of Senior citizen Act as well against him , and the said transfer of the property to his son without taking your consent.
- Further , if he is not taking care , then you can also claim maintenance from him as well as per your standard of living.
Since you have been aggrieved by the behavior of your son that he is not taking care of you, you can very well approach the senior citizen's welfare tribunal with a petition seeking the repossession of your property for the same reason.
You don't worry about the alienation of the proeprty by your son to his son, the court will take care about it especially when he has caused you grievance in this regard
You can file suit for cancellation in civil court Or also approach senior citizens tribunal for the same under senior citizens Act
Any sale transaction between a father and his son is absurd. You may very well challenge the sale and seek revocation of your gift.
Dear Querist
Immediately file a complaint against him before the District Magistrate of your area under the Welfare of Senior CItizen and parents act-2007 and claim your property back from him and cancellation of gift deed. as you are a senior citizen, the district magistrate has the power to cancel the gift deed and return your property to you.
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Dear Client,
Section 6 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 provides for the procedure for claiming maintenance. An application under Section 5 can be filed against any children or relative in any district where he/she resides or last resided.
Thank you.
