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Kavitha (Lawyer)     19 January 2011

Help Required

Hi Learned friends,

Please clarify me on this issue.

My grandmother who is now about 84 years old had gifted the property she owned to one of her favorite son some 10-15 yrs ago on the belief that he would take care of her when she is old. However, that son now mortgaged part of the property with the bank and also sold a part of it to third parties. He has now converted himself into a christian and now god knows where he is. My grandmother has now no proper place to live and is under the roof of one of her daughters. Now my grandmother wants to spend her last days in her place. all the other children are ready to pool in money to discharge the mortgage. But since the son is married, my granmothers other children worry that it might go into the wife's hand who will again drive out my grandmother,

Is ther any way out to help my grandmother ?



Learning

 2 Replies

Jayaprakash Narayan (Partner in the Law Firm)     19 January 2011

Hello,

I am sorry once a property being gifted and the Donee i.e, her son accepts the gift and the same is registered, it shall give absolute rights to her son and even she cannot claim for it. And the property shall earn the status of self acquired property of her son and its no longer your grandmother's.

 

Regards,

Y V Vishweshwar Rao (Advocate )     19 January 2011

You may try to file  a petition Before  the District  Collector who is the Competent  Authority Under The Senior Citizens and Old parents Protection  Act . The  Gift with condition to look after the parents/Donors  can be cancelled, if the same is violated by Donee , by the Competent Authority under  the said  Act 


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