1) mother will have to file suit to set aside gift deed on account of coercion
2) also seek an injunction restraining daughter from selling the property
3) mother can also move senior citizen tribunal and seek maintenance from both daughters
Parents cheated by own children
My aunt and uncle have two daughters, younger one in australia who ignores the matters that her parents are facing and elder one with whom they live now due to which they are extreme grievance at present. Aunt and uncle have a property with a house but after uncle got completely unresponsive and bed ridden, this opportunity was utilised by the elder daughter and her husband. They took them to their house about a year back but now their real face has been evident that they just want to utilise their parents money and property. Uncle had a lot of savings which are all used up by now and there is a huge amount of loan in aunt's name at present. So the children tricked their helpless mom forcefully and transfered their parents property to their custody stating the need of selling that property. We, aunty's relatives came to know all these recently after their emotional abuses have become unbearable to her. Kindly give me the proper guidance to save them from selling the property and getting it back to their custody. Or what else can be done?
Asked 8 years ago in Family Law
Religion: Christian
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5 Answers
Hi
THE MAINTENANCE AND WELFARE OF PARENTS AND SENIOR CITIZENS ACT, 2007 is an act to protect the interests of senior citizens from abuses and acts of violence by their children.
The protection offered under this said act that
a) if the property of the senior citizen has been transferred to any of the children in what ever manner and the senior citizens are abused thereafter, the property so transferred to the children can be reverted back to the parents.
b) this act excludes the power of civil courts. so children cannot use any civil courts to obtain stay or injunction against the parents who have complained under the said maintenance and welfare act.
c) If the senior citizens complain under the said act, the hearing is to be done only by a District judge(he is the officer with the highest powers in district)
d) The proceedings should be completed within 90 days by the said court.
Senior citizens maintenance and welfare act is a really a blessing for senior citizens.
hope this helps.
The remedy is available to only your aunt and uncle who can challenge the alienation made by them as being vitiated by lack of free consent. The practice of coercion will have to be proved in the court to seek a favourable decree from the court.
Hi, without consent of your aunt they can't sell the property, Suppose if your aunt venture for the same then file a suit in the Court not to alienate the property to the third parties against your aunt daughter.
Your aunt should file an injunction suit seeking to restrain the defendants from alienating the property or interfering with the property in any manner.
A temporary injunction as an interim relief may also be sought by filing an application with the proposed suit.
