Need help to handle my mother aged 75 years I am the elder son for my mother and father no more. I am the single owner of the property I am requesting her to re locate to another room with in house But my mother saying do not touch this house or else put me in govt old age home. Due to covid spreading issues and security issues and difficultly in taking care of her in case she stay far away i am requesting her to stay in one part of the house while demolishing part of the house since given part of land to builder for JV I do not want to put her in old age home and cant take care of her and cant handle any new issues if come after she goes to old age home with in this month or asap I want her to move from her existing room to another room which we will be retaining wile demolishing rest of the house I am saying one room for her with same kitchen and toilet will be there for her to stay till flats are build. she is not at all listening and want to go to govt old age home I want to know how to handle my mother legally to move her from one room to another room within the house
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Your senior citizen mother cannot be humiliated for the sake of your own personal convenience.
If the property belongs to you alone then you can evict her by following due process of law, however since she being your own mother the duty is cast on you to take care of her in her old age, any complaint given against you with the police or senior citizens welfare tribunal may land you in trouble and legal consequences, hence you may handle the issue patiently using your prudence and experience.
There is no way to handle her legally other than convincing her. You can seek help from your relatives for the same. You can also seek help from doctors or counsellors for the same
You cannot force your mother to shift from one room to another
she must be having fond memories of her stay in said room with your father and she does notwant to shift during her lifetime
dont enter into joint venture for redevelopment during your mother lifetime
keep an full time attendant for her
Looks like you are not sensitive to the feelings of your mother and that too at her old age.
When you can not take proper care of her then let her live peacefully till her last breath.
Thereafter, the whole property will be all yours and you do whatever you want.
But for now spare her for her own convenience .
- If the said property is in the name of your mother , then you have no right to enter into any agreement and have no right over that property during her life time.
- Further , she being a senior citizen has legal right to even denote that property to anyone without taking your consent
- Further, if that property is in your name registered , then also being mother , she has full right on you and can even has right to claim advantages from you.
- You should respect her feelings , so that she cannot think to go against you.
Since you're sole owner, you have legal right to renovate.
But since mother is senior citizen, emotional handling is better than legal force.
Legally, you can relocate her with proper safety & care arrangements.
Involve family elders, counselor, or mediator to convince her.
Forcible eviction may attract legal issues under Senior Citizens Act, 2007.
There is no legal solution to you problem. You can take helo of some relative/friend of her to convince her.
DEAR SIR,
My advice may be a bit different, astonishing and different but I wish to advice you that everything can't be tackled legally and the best solution can be obtained through mix of various things such as care, empathy, sympathy and respect. Without going in to rights and duties, I wish to advice you that in the old age, the parents/old age people are suffering through various kinds of complexiities some of which they disclose but keep most of them with them. In the present scenario, the best option for you is to convince your mother that whatever you are doing is only for betterment of herself and the future. You are the son and your none of the step would be towards the negativity or negative direction rather it will be always for the betterment of the family and her future generation. If she is so adamant for old age home, the also don't send here there. Rather you may arrange another accomodation for all facilities needed by her. As soos as the house renovation/construction is over, bring her to new/existing home.
My property is worth 5CR but 1) No Patta since 1980 when father purchased and gifted to me in 2010. 2) A-Register not having proper records 3) Sister or her husband asking 50% share since 2013 and civil cases - declaration suit or appeal pending. 3 months back agreed for JV flat settlement but now not cooperating and asking more or 50% again when mother is alive and I am not able to give what they are asking 4) I am jobless for 1.5 yrs and my bank personal loan and credit card loan outstanding is at 90 lacs and didnt pay monthly EMI for 2 months now. 5) Builder who took my land documents asking 50 lacs to return my documents when he paid me only 20 lacs 6) Registration office not accepting registration without patta. But cant get patta when civil dispute is there 7) each day, week and month loan interest going to get added or else not sure arbitration award and any property attachment even though my loans are personal loan and credit card dues only. But heating property attachments done during arbitration and after NPA declared through cout. I want to sell my property for market value and close 90 lacs asap but civil case appeal and patta issue is causing issue now. How to resolve it asap and I cant fight every one separately one case with sister family, one case for thasildar to issue patta and one case for builder to return my documents. I am not able to give share what sister side is asking me now. Is there any quick solution where I can inform this is and sell my property legally and get money in hand after closing all loans. NPA or Debt Auction may not get me market value and not sure how long it will take. please suggest is it possible to get higher court special permission to get patta and docs from builder and sell full or part of my share even if appeal and lower court bare declaration suit i loose but i cant sell my share now it self Any other better quick solution please help
You can only sell your share. Yes that’s possible to get court’s permission by seeking directions for the same in your favour
You can sell your property on as is where is basis
disclose pending litigation with sister and builder
in alternative talk to your sister ask her to sign consent terms in court so that you can get patta for your property
You can approach high court with a writ petition to direct Tehsildar to issue patta on your name provided you have a refusal to issue the same in writing from the authorities.
You can legally relocate your mother within your property as the sole owner, but cannot use force. Senior Citizens Act 2007 protects against forcible eviction, not voluntary relocation within same property.
Legal approach:
Ensure adequate care, safety, and maintenance in new room
Document that she retains same amenities (kitchen, toilet)
Family mediation recommended over legal coercion
Multiple barriers prevent immediate sale:
Cannot get patta during pending civil dispute - Madras HC ruled revenue dept has no jurisdiction
Registration impossible without patta in Tamil Nadu
Builder holding documents creates additional legal hurdle
DRT proceedings likely for ₹90 lakh debt:
DRT can attach assets above ₹20 lakh debt
60-day notice before legal action starts
Personal loans can still lead to asset attachment through DRT
Priority sequence:
Negotiate with sister for immediate settlement to withdraw civil case
File urgent application in pending appeal for interim sale permission
One-time settlement with banks before NPA/DRT proceedings
Parallel negotiation with builder for document return
No single quick solution - all issues interconnected requiring simultaneous resolution.
- Since, you are in possession of the said property since long time , then you can file a declaration suit before the Court for declaring the legal owner of the said property in your name on the ground of adverse possession.
- Further, as there is no documentary evidence to show the ownership then your sister cannot get any relief from the filed case.
- However, you can approach the High Court for the same to get prompt result and relief.
Father registered his Gift Settlement Deed and transferred his self-acquired house to his elder son. His daughter not a party to this transaction. After father death. Daughter files Bare Declaration Suit on her brother asking court to declare the registered gift deed as null and void due to undue influence and cohesion when she was in her in law house. Should the plaintiff, ask for consequential relief or not required. whether Bare Declaration suit is valid when she is not a party to the registered gift deed. whether suit must be valued under section 25(b) or under Section 25(d) of court fees act when plaintiff is not a party to the registered gift deed but asking to be declared as null and void due to un due influence and cohesion. Kindly requesting for SC latest citation in this regard mentioning when consequential relief prayer is mandatory or not during a declaration suit asking for null and void.
a court will not grant a mere declaratory decree if the plaintiff, being able to seek further relief consequential to the declaration, omits to do so. The purpose is to avoid a multiplicity of lawsuits.
2) a person who is not in possession of a property cannot file a suit for a mere declaration of title without also asking for the recovery of possession.
3) section 25 d would be applicable. it Applies when the plaintiff was not a party to the instrument and seeks a declaration that it is null and void.
YES - Daughter can file bare declaration suit despite not being party to gift deed. Supreme Court held non-parties not bound by deed, can seek declaration without cancellation.
NOT MANDATORY - Recent Supreme Court (2025) clarified: "A plaintiff who is not a party to a document is not obligated to sue for its cancellation". Declaration alone sufficient when seeking nullification.
Section 25(d) - When seeking only declaration without possession/consequential relief, suit valued under Section 25(d) at plaintiff's option. Fixed fee Rs.250 if no property relief claimed.
2025 INSC (April 2025) - Siraj Uddin Choudhury case : "Declaration of title is as effective as cancellation of sale deed, especially when deed is void and non-est. No obligation to pray for cancellation of document when plaintiff not party to it".
Key Precedent: Bijoy Gopal Mukerji v. Krishna Mahishi Debi (1907) - "Nothing for Court to set aside when person not bound by deed executed by others".
A suit for a bare injunction seeking to declare a registered gift deed as null and void is generally not valid, especially if filed by a person who is not a party to the deed.
To challenge the validity of a registered deed, a person must file a suit for a declaration and other appropriate relief, not a suit for a bare injunction.
The proper valuation of such a suit for court fees would fall under Section 25(d) of the Tamil Nadu Court-Fees and Suits Valuation Act, 1955, and not Section 25(b).
A suit for a bare or mere injunction is typically used to stop a person from doing something and is only valid if the plaintiff's title is undisputed.
The moment a registered deed is challenged and there is a "cloud over the title," a bare injunction suit is insufficient and not maintainable.
A third party (a non-party to the deed) can challenge a gift deed on specific legal grounds, i.e. If the gifted property is ancestral, a coparcener (joint family member) who did not consent can challenge it or If the gift deed was executed through fraud, misrepresentation, or under undue influence, a legal heir or an affected third party can challenge it. or The donor was not of sound mind or was a minor at the time of execution or If the deed was for an illegal or immoral purpose.
The suit will not be valued on the market value for seeking above direction
- As per law, a registered gift deed cannot be cancelled , specially after the death of the executor.
- Since, the said property registered in the name of elder son , then the daughter cannot get any share , and she will have to prove medically and through the evidence that fathers condition was not stable at the time of registering the gift deed.
- A declaration suit required nominal court fees , if she is not claiming possession .
From the facts made available, it appears that your father, during his lifetime, executed and registered a Gift Settlement Deed transferring his self-acquired property absolutely in your favour. Your sister, who was not a party to the said instrument, has now instituted a civil suit praying for a declaration that the said registered gift deed is null and void on the grounds of alleged undue influence and coercion.
It is pertinent to note that a person who is not a party or signatory to an instrument may nevertheless seek a declaration under Section 34 of the Specific Relief Act, 1963, that the said document is invalid or not binding upon him or her. However, such a person cannot ordinarily seek its cancellation, since the power to seek cancellation of a deed under Section 31 of the Specific Relief Act vests primarily with the executant or parties directly bound by it. In this respect, the principle laid down by the Hon’ble Supreme Court in Suhrid Singh @ Sardool Singh v. Randhir Singh & Ors., (2010) 12 SCC 112, applies with full force. The Court held that a non-executant may file a suit only for declaration that the document is void or not binding upon his rights, whereas the executant must file a suit for cancellation of such a document.
Therefore, in your case, your sister’s suit for declaration, even though she was not a party to the deed, is legally maintainable in a limited sense—only to the extent of obtaining a declaration that the said deed does not bind her or affect her alleged rights. However, she cannot seek direct cancellation of the gift deed executed by your father. Whether such a declaration has any effect or not will depend on whether she is able to first establish a subsisting right or share in the property, which appears unlikely if the property was self-acquired by your father and gifted to you by a registered deed during his lifetime.
Regarding the question whether a prayer for consequential relief is mandatory, the law provides that a mere declaration may be sought under Section 34 of the Specific Relief Act, but the court will refuse to grant such declaration if the plaintiff, being able to seek further relief than a mere declaration, omits to do so. Consequently, if the plaintiff’s claim to title or share necessarily involves recovery of possession, injunction, or partition, then such consequential relief must be specifically prayed for. Absence of such relief would render the suit defective or ineffective.
As regards court fee valuation, the nature of the relief sought determines the applicable provision. Where a declaration is sought along with consequential relief such as possession or injunction, the suit must be valued under Section 25(b) of the Court Fees Act or its corresponding State provision, and the court fee shall be computed on the market value of the property or the value of the relief sought. On the other hand, where the suit seeks only a bare declaration without any consequential relief, the valuation would fall under Section 25(d) of the Court Fees Act, attracting only a fixed or notional fee.
In the present case, since your sister is a non-executant to the gift deed and her plaint seeks only to declare the deed as null and void on the ground of undue influence and coercion, without seeking any consequential relief such as possession, injunction, or partition, the valuation of the suit would ordinarily fall under Section 25(d) as a case of bare declaration. However, if her plaint includes any additional prayer implying enforcement of rights in the property—such as partition, possession, or injunction—it would fall under Section 25(b), requiring ad valorem valuation.
It is further advised that you carefully examine the prayers and valuation clause in her plaint. If the relief claimed by her is consequential in nature but the suit has been undervalued, you may raise a preliminary objection under Section 11 of the Court Fees Act and Order VII Rule 11 of the Code of Civil Procedure seeking rejection or correction of the plaint for improper valuation and insufficient court fee.
You may also contest the suit on grounds of maintainability, limitation, and lack of locus standi, asserting that your father, being the absolute owner of the property, had every right to gift the property to you, and that the deed was executed voluntarily and registered in accordance with law. The plea of undue influence or coercion must be specifically proved by the party alleging it, and mere allegations are insufficient in law.
If the civil dispute continues to hinder your efforts to deal with or sell the property, you may approach the Hon’ble High Court under Article 227 of the Constitution of India seeking early disposal of the declaratory suit or limited permission to deal with your share subject to the outcome of the pending proceedings. The High Court, in exceptional circumstances, may grant interim permission or clarification, particularly where prolonged litigation is causing irreparable hardship or financial prejudice.
In summary, the declaration suit filed by your sister is maintainable to a limited extent but will succeed only if she establishes a valid legal interest affected by the gift deed. Consequential relief is not mandatory in every case but becomes necessary when the declaration sought would otherwise be ineffective without it. The valuation of the suit will depend upon the actual relief claimed—Section 25(b) applies where there is consequential relief, and Section 25(d) where there is a bare declaration.
