Recently when my elderly parents were visiting India from US , my fathers nephew took advantage of the fact both my parents were not in their young state of health - both suffer from arthritis and are dependent on others to mobilize , also suffer from aging changes of both body and mind . Without proper and full discussion or approval of legal heirs us ( 3 children) my fathers nephew manipulated both my parents to sign off a settlement deed where there was no set value /payment for purchasing my fathers house and land of 56cents . Land is road side property. Both my parents can not verbalize understanding of what they signed - they were under the impression that it was a purchase deed . Once we the legal heirs was informed of this fraud - we immediately took assistance of legal advocate in india who helped us get copies of forms signed on 7/7/2023 . Apparently it was listed the house and land was given as "love and affection" by my fathers nephew . THis nephew has not taken care of my parents , in fact while they were there two months he did not even provide a warm meal for them and many days with out visiting or caring for them . My fathers nephew took over the orginal deed of house as well and advised there was no such document , My fathers nephew initially requested to reverse the signed deed and when we agreed to reverse , he then goes back and states he does not want to reverse and that he will pay a certain amount , by sending money through various family members contacts in Australia and US as this will allow him not to pay the taxes We advise this is fraudulent activity with money laundering and we would never subject our parents or us to this . None of this was ever agreed upon by my parents as they would only have agreed to a purchase agreement with a price they feft was fair market value of land and house . We are now going to proceed with with court action since my fathers nephew is not adhering my parents wishes . We have identified a trustworthy family member in India who my parents have agreed to be their POA for the court dealings of property What are the legalities of this being processed as manipulation , fraud of senior citizens ? How long would the court case take ? especially if my parents are in US now and can not travel back and forth ? How expensive is court fees for case like this ? We have parents will in US that states the indian property goes to legal heirs us their children - will this substantiate the property and house is reassigned to legal heirs ? Can we do anything to stop the process from moving forward like a cease and assist - so the property does not transfer under my fathers nephew and his wife ? Can lawyer file a petition with Internal revenue office / Sub Registrar office ? What are some recommendations for a case like this ? what are the chances for property to be back under my parents and then transfered to us as legal heirs
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
You have to file suit to set aside gift deed on grounds of coercion
2) seek injunction restraining nephew from creating any third party rights on the property
3) your parents can seek expedited hearing as they are senior citizens
4) court fees is state subject and varies from state to state
1. If your father has not registered a gift Deed in favour of his nephew, ask kim to register a Deed of Cancellation of the said settlement deed.
2. If that is not possible, file police complaint against his nephew bringing the charge of cheating asking police to register FIR against him..\
3. If police does not register FIR, file a Writ Petition before High Court against police inaction making his nephew as the private party praying for a direction upon the Register to register the said cancellation deed.
4. This is possibly the fasted procedure to get relief.
It is case of fraud. Since consideration is not involved hence so called settlement has no validity. Firstly your parents have to cancel the settlement or agreement by notice etc. and thereafter to file complaint and to file cases to reclaim the property. Court fee depends upon value of property involved and generally comes to 0.5% to 3% of value of property involved and relief claimed. Your parents can be represented through POA holder, video conferencing. Lawyer on his own or in his personal capacity cannot file any case. You seem to have good chance. keep a check in the case. Proceed under guidance of a competent lawyer.
Yes you need to file suit and seek injunction in above case
Your father can file a suit for cancellation of the said gift deed based on the facts that he was duped by the nephew while he was not aware of the nature of document.
He can approach senior citizens welfare tribunal in this regard and can restore the property immediately because such cases are dealt with expeditiously with priorities.
Alternately your father can file a suit for cancellation of the gift deed for the reasons he relies upon and also to file an application for temporary injunction to restrain the opponent from alienating or encumbering the property in any manner till the disposal of the main suit
Thank you is there a time frame for when the settlement deed can be cancelled ( it was signed 7/7/2023) What is the process if nephew is selling the plots of the roadside land already and starting process for roadside stores /business . Our current advocate is asking for us to appoint POA in India , then he will write a petition to Internal revenue office , then file suit so far things are moving very slow going on 2 months we just at the point of sending the final POA paperwork on stamp paper - is this normal time frame for Indian citizen my dad and both my parents are senior citizens - we are hearing rumors nephew is in the process of selling land , constructing roadside business.
1) change your lawyer
2) it should not take 2 months for filing suit
3) it should have been done immediately within a week or so provided your parents had given POA duly attested before Indian consulate abroad
Yes, there is three years limitation to cancel the deed. Till the petition is finalized POA can be executed simultaneously. Process can be speed up. Immediately suit be filed and stay be applied stopping further sale of property. Speed up the matter. Also keep double check.
The delay is on your side.
You should rush to court before he is trying to sell the property.
You should obtain an order of injunction to restrain him from selling the property.
You should not delay the process.
If you had knowledge then 3 years from it is the limitation to challenge it
First of all, you should know that the settlement deed executed by your parents in favour of your father’s nephew is a legal document that transfers the ownership and possession of the property to him. A settlement deed is a type of gift deed, which is an irrevocable transfer of property without any consideration or payment. However, a gift deed can be challenged in court on various grounds, such as fraud, coercion, undue influence, misrepresentation, mistake, lack of free consent, lack of mental capacity, etc.
Secondly, you should also know that your parents have the right to revoke or cancel the settlement deed if they can prove that they were not aware of the contents and consequences of the document, or that they were induced or forced to sign it by your father’s nephew. They can also claim that they did not intend to make a gift of the property, but only a sale or exchange. They can also claim that the settlement deed is void or voidable due to any defect in the execution or registration process.
Thirdly, you should take some steps to protect your parents’ rights and interests in the property. You can do the following:
For the follow up question:
- Firstly , your father should lodge a complaint before the police and higher official against the said nephew for the offence of cheating , breach of trust and forging documents
- Further , he can also file a compliant under the provision of Senior citizens Act as well.
- Further, send a copy of the same to the Sub-registrar office
- Further, your father should file a petition for Declaration , Mandatory Injunction and Permanent Injunction before the court for declaring the settlement deed invalid , and to evict the premises after handing over the property documents , and to restrained him from selling the property .
- Further , if your father is living abroad , then he can give POA to any relative to start the said proceeding against him.
- During the life time , the said property can be get back by your father , otherwise after his demise no possibility.
