My husband who has Alzhemiers and dementia signed property over to his son that he was given to by his father.I was told by the county clerk that I had to sign so my children could not fight for the property,a few weeks later my husband had to have three brain surgery so now he is in a nursing home ,we can not get help with medicaid due to this deed .I have asked my step son to sign this back over to his father so we can get medical help he will not can I as a P.O.A make him? Can we revoke this deed.this had all happen with in the last three months.
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1) deed of cancellation can be executed with consent of the parties
2) if your husband was suffering from dememntia how did he execute gift deed . ?
3) your husband is not of sound mind as he is suffering from dementia. and ALzhemiers .
4) if step son refuses your husband has to file suit to revoke gift deed on account of coercion or undue influence. however suit may take years to be disposed of .
5) contact a local lawyer
Unless the gift deed was conditional it cannot be unilaterally revoked by the donor as a gift deed results in instantaneous transfer of title to the donee. Your husband has to file a suit for cancellation of the gift deed against his son on the ground that he has been neglected by his son. The evidence of neglect will have to be adduced before the trial court.
Hi
Now dont think about whether you can or you cant.
it your necessity to cancel it.If you have a POA of your husband , see how you can make use of it.
Before deciding anything take the papers to an attorney over there , if the property situates and the deed has been made in the place US. and see what is the solution and the best legal remedy.
Also you should see how you can sue your son/ make him liable for not taking care of your husband as he is liable to look after him.
I am not sure why the mediclaimis refused because of this deed.
The mediclaim and transfer of his proeprty to his son has no connection with each other.
However if his son does not re transfer the property to his father he or you as POA can do nothing.
Considering his mental state you on his behalf file a suit for cancellation of the deed but that will take years for final result.
The deed can not be cancelled by him but it can be set aside by court if it is proved that he was under force or without knowing the consequences of his act due to his mental illness transferred the proeprty to his son.
So decide accordingly.
1. Was the gift deed executed in India?
2. Is the gifted property located in india?
3. Was the Gift Deed registered?
4. If the said Gift Deed has not been registered in India for property located in India, the said Gift Deed is not valid and the said property still stands in the name of your husband.
5. If the Gift Deed has been registered in India for the property located in India then even the executor of the Gift Deed can not cancel it unless he can prove that his sisgnature was availed through fraud/coercion etc.
