Distant relative coerced and manipulated elderly parents into signing a settlement deed that signed over our parents home and land in kerala india to distant relative under the premises of a " love and affection " which occurred July 2023 without any consultation with children of parents who are the legal heirs of the property we tried to peaceful advise distant relative to cancel the bogus settlement deed ,and update to a purchase deed with fair purchase price for land and house - distant relative refused and said it was a settlement deed and no money is owed and he did it as a settlement deed to avoid the fact he has to pay taxes and show the goverment if done as a purchase deed the distant relative went on to pursue taking over the title of property and now has full title of land and property since early 2024 and has manipulated property , sold expensive fruit bearing trees , and has been renting home since June of 2024 . We had found a advocate in India who has been working on case since July of 2023 - from July 2023 to June 2024 - advocate worked on obtaining registrar documents , and filing petition for case - which finally became inprocess only June 2024 there has been a total of 6 sittings since then and last 4 sittings our POA in india to handle matters of case was advised by advocate not to attend sitting , last four sittings , framing of issues was supposed to be completed and this is still pending Is there a time frame to file injection fpr status quo /to stop using property by distant relative , if title / deed is now under distant relative name? How long does it take to file injection for stop order ? how much does that cost? We have asked our advocate to file pettion to expedite case since this is a case of elder manipulation of their rightfully owned land and property in Kerala - Advocate only now is working on getting approval from senior lawyers How long does it take to get approval to expedite case in kerala and what is that approval based on ? how much does that cost? We learned in the settlement deed draft by distant relative and his lawyer has some terminology written “ the settlement deed to give property and land due to parents “wish , free will , liking “ and was give in love and affection to distant relative- how can this be proven in court ? Also my parents can not travel to India on long flight - how can testimony be filed ? Video recording by our lawyer and parents? Do you have any recommendations for lawyers in Mavilerika , Kerala India who are experts for elder law ?
Do you think this case is being handled correctly ? also when we go onto the ecourt website for Alupuzzha subcourt to look at status of case it does not look like it is actively being updated
1) legal fees vary depending upon lawyer engaged by you
2) filing suit should not take more than a month
3) if parents are elderly they can seek expedited hearing
4) parents should deny it was given under love and affection .they were deceived by relative
5) cannot recommend any lawyers in Kerala
6) you can apply to court that testimony be recorded virtually
Litigation is long drawn process
it appears that a suit has already been filed and the same is pending before court at framing of issues stage.
The proposed injunction petition should have been filed along with the suit and not at a later stage because the cause of action for the injunction also was existing at the time of filing the main suit.
Even now the injunction application may be filed stating that since the suit is getting dragged on endlessly, if the defendant is allowed to continue to enjoy the property without sharing the profits then it would be a great loss to the property owners hence to refrain them letting out the property on rent as well as share the mesne profits till the disposal of suit particularly to not alienate or encumber the property in any manner.
The parents can testify their evidence by virtual mode also by following the procedures for virtual hearing.
The lawyer's fee can be informed by the lawyer you may engage, the time taken for disposal also cannot be predicted owing to various factors involved in the legal process.
You can log in to the ecourts.gov.in website and get the information of the case status.
Without knowing what case has been filed or without seeing the case details or at least the case number, no further opinion can be rendered as to whether the case is going on in a right direction or not
Injunction is filed immediately with the suit. You need to approach court at the earliest. There is no such time period for the same but there is time period for filing suit. Sometimes court website is not updated with the latest roznama. You need to physically visit and find out
Dear Sir,
it is suggested that you may engage any advocate of your choice from this platfrom using talk to lawyer option. Further evidence of elderly persons can be done through LC appointed by Court. in the meantime an application under order 39 Rule 1 and 2 of CPC can be filed for injunction in the matter.
You should immediately instruct your advocate to file a petition for a temporary injunction under Order 39 Rule 1 and 2 of the Civil Procedure Code to restrain the distant relative from further using, altering, leasing, or selling the property. The fact that the title is now in the relative’s name does not prevent the court from granting an injunction, especially since the main suit challenging the settlement deed is already pending. The court can still issue a stay order if you demonstrate that your parents were misled or manipulated into signing the deed and that irreparable harm is occurring due to the relative’s continued use of the property.
You must demand that your advocate expedite the framing of issues, which is a crucial procedural step in progressing the case. Four consecutive sittings without issue framing is highly unusual and suggests unnecessary delay. Request that your advocate file an application for early hearing by citing your parents’ age, health condition, and the illegal financial exploitation of the property through unauthorized renting and sale of trees. The court can allow early listing if it is convinced of the urgency and exceptional circumstances.
To prove that the settlement deed was obtained through undue influence, gather medical records, witness statements, and any proof that your parents did not understand the full legal effect of the document. You should emphasize that the children, as legal heirs, were not consulted and that the relative executed the deed to avoid taxes and show false consideration under “love and affection.” This can be challenged in court through evidence and cross-examination.
If your parents cannot travel, ask your lawyer to apply for commission evidence under Order 26 of CPC so that their statements can be recorded remotely through video conferencing or through the Indian Consulate in the U.S. Courts in India allow remote testimony under medical and age-related grounds, especially in elder abuse or fraud-related cases.
If your current advocate fails to act quickly, you may consider consulting another lawyer for a second opinion or legal intervention. If you require further legal assistance, including drafting petitions or guidance on selecting experienced counsel in Mavelikara, Kerala, you may contact me directly.
Settlement deeds are recognized modes of transfer, often made out of love and affection, and their validity depends on the intention of the settlor, as interpreted from the deed's terms and surrounding circumstances. Section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (MWPSC Act)provides a legal mechanism whereby transfers made by senior citizens can be challenged if certain conditions, including coercion, fraud, or undue influence, are met. Notably, it creates a legal fiction deeming such transfers void if the transfer was made under conditions requiring the transferee to provide basic amenities and such conditions are violate.
The legal documents show that the parents executed a settlement deed favoring the distant relative, purportedly out of love and affection, and explicitly stated that the transfer was revocable and did not confer absolute ownership.
The age of the parents at the time of execution is critical. Section 23 applies when the transfer is made by a senior citizen (60+ years).
The children or legal heirs can approach the appropriate tribunal under Section 23 of the MWPSC Act to seek cancellation of the settlement deed, especially if the conditions for deemed fraud or coercion are satisfied. Since the deed lacks explicit conditions requiring the transferee to provide maintenance, the legal fiction of deemed coercion may not automatically apply. However, if coercion or undue influence can be established through evidence, the deed can be challenged. Initiate legal proceedings under Section 23 of the MWPSC Act to contest the settlement deed, emphasizing coercion, manipulation, and lack of consultation. Initiate legal proceedings under Section 23 of the MWPSC Act to contest the settlement deed, emphasizing coercion, manipulation, and lack of consultation.
To expedite disposal, file an application for speedy disposal or approach the High Court for assistance.
✅ 1. Can You File Injunction (Status Quo)?
Yes. Even though the title is transferred, you can still file for injunction to stop:
Renting, modifying, or selling the property,
Destroying trees or assets.
📍 File under Order 39 Rule 1 & 2 CPC. No strict time limit, but file immediately to strengthen your case.
🕒 Time: 2–7 days to file
💰 Cost: ₹5,000–₹20,000 (depends on lawyer)
⚠️ 2. Concerns About Delay
4 missed sittings and no issue framing is unusual.
Telling your POA not to attend is suspicious.
Change your advocate if delays continue.
⏩ 3. Expedite Petition
File application citing elder abuse & health issues.
Approval can take 1–2 weeks.
Cost is minimal (₹3,000–₹7,000).
🧾 4. Challenging “Love & Affection” in Deed
Argue lack of consent, coercion, no consideration.
Use parent affidavits + medical evidence.
🎥 5. Parent Testimony from USA
File for evidence by commission (Order 26 CPC).
Testimony can be recorded via video call or through Indian Consulate.
⚖️ 6. Next Steps
1. File status quo injunction immediately.
2. Submit expedite petition.
3. Record parents’ testimony via VC.
4. Change lawyer if progress continues to stall.
Injunction/Status Quo Order:
You can still file for injunction to restrain misuse (stop use/rental/cutting trees) even if title is in his name.
Time: 1–2 weeks if filed urgently.
Cost: ₹10K–₹50K depending on lawyer and urgency.
Expediting the Case:
Can be requested citing elder abuse and irreparable damage.
Approval depends on judge’s discretion; can take 2–4 weeks.
Minimal cost unless senior counsel involved (₹5K–₹25K extra).
Proving Fraud/Coercion in Settlement Deed:
Must prove lack of free will or manipulation through:
Medical records, age/infirmity,
Witnesses,
Circumstances (e.g., no consultation with children, no financial consideration).
Testimony of Elderly Parents:
Allowed via video conference with court approval.
Notarised affidavits and lawyer-recorded statements may also be used.
Concerns:
Delays and poor attendance advice suggest case mishandling.
Inactive updates on eCourts and no injunction after 1 year are red flags.
Lawyer Suggestion (Mavelikara/Alappuzha):
Recommend reaching out to senior property lawyers via Bar Association Mavelikara or Kerala High Court Legal Services for referral.
Hi,
As already suit (suit for cancellation of alleged document) is filed you can file expedite petition before the said court and if injunction petition is dismissed then you can file CRP before Revisional Court/High Court and can seek interim direction for not alienating the land to third parties.
You also had an option for filing representation before the concerned District Registrar for cancellation of his document and if you did not get a response you can file a Writ Petition before High Court but you already filed suit then you cannot opt for this.
