1) merely paying maintenance does not give your parents share in flat
2) your parents wil have to obtain court orders for setting aside gift deed
3) file suit for eviction against your parents and sister
Query about gift deed from parents
I purchased a flat in Mumbai in 2009, jointly with my mother, though I paid the full EMI. My parents have their jointly owned flat in Kolkata where they are owners and have rented it out. Since 2009, I was staying in Mumbai flat with parents and moved out in 2012 as I got married and visit my flat once a year however my parents continued staying there and continued giving their Kolkata flat on rent. Since 2018 my elder divorcee sister who was staying on rent in Mumbai, moved to my Mumbai flat and my parents sold all my furnitures to keep my sister's furnitures in my flat. Seeing a continuous stay of my sister in Mumbai flat I asked my mother to do a gift deed in my name so that incase of any unforseen situation, sister shouldn't claim from mother's 50% portion. Relation with my sister has become bad since the time I purchased the flat as she always complains she couldn't purchase a house till now and also because she couldn't settle down in her personal life since her divorce. Recently after an incident with my sister, I have asked her to move out of my flat because it has become unbearable for me to listen to her sarcastic comments every now and then. Since then my parents have started fighting with me that it's their flat too (though they haven't paid any EMIs) and if they are there in the flat, sister would definitely come and stay. Also parents are saying as they have paid monthly maintenance, property tax every year they also have rights in my flat. To which I had to reply as they were staying in mumbai flat hence they paid those otherwise I could have easily kept tenants to pay EMI, maintenance, tax everything and save my salary instead. After that, they asked for 6 lacs as they have painted the flat and have put tiles etc (which they did without any discussion with me) & I replied again that you did it for your convience but I never asked you to do it. As the relation between me and parents have became so sour, I feel a legal help is required as they are still staying in my flat even after gift deed. Questions - 1. In gift deed there is no such clause that I have to pay any money to my parents or keep them in my flat till they are alive. Rather it is mentioned that donor will peacefully vacate or handover the flat to donee. Hence, can they still cancel the gift deed? 2. They are still paying the maintenance of flat every month even when I asked them not to pay after the heated argument. Can they legally claim my flat just because they are still paying the maintenance? 3. As the relation got sour and I am feeling uncomfortable to visit my own flat while they are there, I want to vacate my mumbai flat and give it on rent. So how to vacate my flat legally as my parents are not ready for a peaceful discusssion with me? If they don't vacate the house even after legal court notice or evict suit, what max I can do?
Asked 3 years ago in Property Law
Religion: Hindu
14 answers received from multiple lawyers
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14 Answers
1. To cancel Gift Deed, both Donor and Donee, i.e.., your mother and you, have to sign for the cancellation of Gift Deed, if it were to be irrevocable Gift Deed OR if it were to be a conditional one and if the conditions are not met, then the conditional Gift Deed can be revoked. In the instant case, unilaterally your mother can't cancel the Gift Deed.
2. By just paying maintenance amount, they can't claim ownership of the flat.
3. Send a legal notice to your parents to vacate the flat and mention that you need it for your personal occupation. If there's no reply, file a eviction suit in the jurisdictional Court.
Dear client
The gift deed is a legally binding document, and it would require a valid reason for cancellation. If the terms of the gift deed have been fulfilled, then it is unlikely that it can be cancelled. However, if there is any fraud or coercion involved in the making of the gift deed, then it can be challenged in court.
Maintenance payments do not give anyone ownership rights to the property. The fact that your parents are still paying the maintenance does not mean that they have any rights to the property.
If your parents are not willing to vacate the property, you may need to take legal action. In India, a person can file an eviction suit in the appropriate court for the recovery of the possession of the property. If the court finds in your favor, an order for eviction can be issued. You may also want to consult with a lawyer for specific guidance in your case.
1. Unilateral cancellation of registered gift deed is invalid and illegal, hence they cannot do so, even if they do it, it is not legally valid.
2. Just by paying maintenance amount every month will not entitle yor parents the title to the property, however you can issue a legal notice asking them to vacate the proeprty post execution of registered gift deed in your favor.
3. You issue a legal notice demanding ethm to vacate the flat, failing which you can file a suit for eviction in a court competent.
1. They have already registered a gift deed conveying their 50% share of the sid flat making you the absolute owner of the entire flatt.
2. Now muate the flat solely in your name.
3. Inform the Society/Authority that you are the sole owner of the flat duly sending copy of the said Gift Deed and ask them not to accept any amount towards maintenance or for any other reason which will be paid by you.
4. Thereafter file an eviction suit against your parents and your sister. Keep in mind that your parents might approach the Court seeking direction upon you to maintain them u/s125 of Cr.P.C. for which you shall have to agree, if you are the only child capable of maintaining them. This issue shall have to be decided separately.
Dear Sir,
under the provisions of Senior Citizens Act the parents may defend in the fashion which is favourable to them and get gift deed cancelled.
1. No ,
2. No they cant if you are the donee .
3. You can file contempt proceedings
1. As per law, a Gift Deed, once executed and registered cannot be revoked.
- Further, if the mandatory requirement of Section 126 of Transfer of Property Act, is not fulfilled , then the said Gift deed can be cancelled.
- Further, When a gift is incomplete and title remains with the donor the deed of gift might be cancelled.
- Since, the condition of section 126 for the transfer of property complete with the execution of gift deed ,then they cannot cancel the gift deed.
2. Payment of maintenance not make a person title holder
3. You can terminate the license given to them for living in your house after sending a legal notice , and if not vacated then file suit for Mandatory Injunction to evict them .
Thank you all for your replies. A local lawyer said as my parents are still staying in the mentioned flat even after gift deed, my gift deed remains invalid because for the gift deed to be valid, donor needs to handover the flat to donee or deliver the possession to donee after the gift deed. Hence, wanted to check with you all for confirmation - 1. Is my gift deed still valid and non-cancellable even if my mom dad stays in the same flat in mumbai, may be for next few years and I stay in different city ? 2. there was no clause mentioned on gift deed that I need to maintain my parents expenses because My father gets government pension, have their own flat in Kolkata and I am not working woman currently and I do have a elder sister. Can my parents still cancel the gift deed on the basis of senior citizen maintenance section of 126 ? If yes, can they cancel it alone without my knowledge? 3. the names on the share certificate is still not updated yet though I have given the copy of the gift deed to secretary of the society. Hence, can it be a problem later on if my mother says she will not vacate the flat because she did the gift deed with the intention that she wants the possession of the flat to remain with herself though nothing mentioned on the gift deed as such?
Asked 3 years ago
1. If you have not taken possession of the property after the gift deed was executed and remain outside the property for years then she may claim back.
2. The said clause will not be applicable to this situation.
3. You can follow it up with the society by complying with the necessary formalities at the earliest or you may be put to problem.
1. To make a gift deed valid, the donee is required to accept the gift and take possession of the gifted flat which you can show that you have done. No where it is mandated that they can not stay at the said flat after gifting it to you.
2. It is as per law that you the child shall have to maintain his/her parents if they are incapable of maintaining themselves. If they can maintain themselves, they can not claim any further financial assistance from you. If they file any such case, you shall have to contest it fittingly.
3. If you think that she might state that she had gifted the flat assuming that she will stay there, then she shall have to state the same before the Court while contesting the eviction suit, if filed by you.
Parents have delivered symbolic possession of flat gift deed is valid
2) they cannot cancel gift deed unilaterally as they have sufficient means to maintain themselves
3) update of nabes in share certificate woukd be fine after approval in AGM
1. For a Gift to be valid, it has to be accepted by the Donee.
2. Based on your narration, the Gift Deed in your favour is legally valid and binding and can't be unilaterally cancelled by the Donor, even though your parents are living in the flat and you live in a different city.
3. Since you haven't created an obligation, i.e., no clause mentioned in the Gift Deed that you would look after your parents in their old age. Moreover your father is getting monthly pension and owns a flat in Kolkata, you are unemployed and you also have an elder sister. In view of the above, your parents can't revoke/cancel the Gift Deed by complaining under The Maintenance and Welfare of Parents' and Senior Citizens' Act of 2007.
4. Send a reminder, under certificate of posting'/ speed post/registered post acknowledgement due to the Secretary of Society for updating your name in the share certificate.
5. Since there has not been specific mention in the Gift Deed regarding your mother's lifeinterest, she can't create problems legally.
Even if possession is not handed over but a valid gift deed is executed then it's valid. You can claim possession from them if you require
I am sorry to hear about the difficult situation you are facing with your family members over your jointly owned flat. Here are some answers to your questions:
If the gift deed does not contain any clauses that give your parents the right to cancel the gift deed, then they cannot legally cancel it. Once the gift deed has been executed, it becomes a legally binding document, and your parents cannot unilaterally revoke it without your consent or a court order.
Paying maintenance or property tax for a property does not give the person paying these fees ownership rights over the property. Ownership is determined by the title deeds, which in your case show that you and your mother jointly own the flat. Your parents paying maintenance does not give them any legal claim to the flat.
If you want to vacate your flat legally, you can send a notice to your parents asking them to vacate the flat. If they do not comply with the notice, you can file a suit for eviction in a civil court. The maximum legal action you can take to evict your parents from the flat is to obtain a court order for eviction. Once the court order is obtained, you can approach the local police or bailiff to assist you in evicting your parents from the property.
It is important to note that eviction cases can take time and can be emotionally and financially draining. It is always best to try to resolve disputes amicably before resorting to legal action. I would suggest that you try to communicate with your parents and sister and see if a mutually acceptable solution can be reached, such as your parents finding alternative accommodation or your sister moving out of the flat. If that is not possible, you may want to seek the advice of a lawyer who specializes in property law to guide you through the legal process of eviction.