Father can file complaint against you before senior citizen tribunal seek orders to set aside gift deed
In your defence rely upon receipts of money transferred in his account t all these years
Revocation of gift deed
My father did gift deed of all the property on his name to my name in 2016. Now after 5+ years he is threatening me that he will take everything back and give to lady he wants to marry after my mother died. Also he is threatening that under senior citizens law or kids not taking care of parents law, he will take everything back. I have been sending money all years and taking care of him and have all receipts of transactions money spent, his airtravels. He was also going through psychiatry treatment for depression and has stopped taking medicine, because of which he is threatening to kill my in-laws for no reason. Every day is writing messages of maligning their image or kill them. And now he threatening to get married 3 time or get back with same lady. How can i protect my interests, can he revoke property gift deed and take back everything
Asked 4 years ago in Property Law
Religion: Hindu
First answer received in 30 minutes.
Lawyers are available now to answer your questions.
8 Answers
I am non resident Indian. If he files any case in this case, will i get notice and be informed about any action he plans to take in court
Asked 4 years ago
Notice has to be served to you at your residential address
court will hear you before passing orders
- Under Section 23 of Senior Citizens Act he does have right to revoke the gift of immovable property but only if the gift is made subject to condition that the transferee shall provide the basic amenities and basic physical need to the transferor and such transferee refuses or fails to provide such amenities and physical need.
- If the transferor has sufficient means to support himself, Section 23 is not attracted.
- You have documentary proof of transfers made to provide for his maintenance.
- You have proof of his weird messages to establish his mental state.
- He is taking psychiatric treatment,
- In spite of all above, he can approach the Tribunal for cancellation of gift, you can contest his claim successfully on above grounds
- No order can be passed without notice to you.
- Section 23 also provides that the transferee should provide basic physical need to transferer, as you are NRI this condition will not apply to you.
He cant revoke it if you are taking care of his basic needs. Only id you neglect his basic needs he has right to revoke the gift deed
He cannot revoke the registered gift deed of transferring the proeprty to your name.
Especially the court will not accept his request to cancel the registered gift deed if you produce the details of the money sent to him regularly with documentary proofs before the court in case of any dispute referred to court in this regard.
The threats what he poses to your ion laws have to be dealt by them separately on their own, legally.
If the notice is received by court on you from India, then you can give a power of attorney deed to any close relative in India to contest and challenge the case properly.
Until then you can keep a close watch on the developments and also be vigilant on all his activities so that you can prevent him from getting an exparte orders against you to grab the property.
Due diligence of the gift deed needs to be done first in order to give you more concrete advice in this matter.
Generally, gift deed are irrevocable in nature and can only be cancelled or set aside in case of fraud, coercion and misrepresentation only
Dear Client,
You will definitely be notified or summoned by court if a case against you is filed in an Indian Court.
Thanks & Regards
