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Anonymous (Self)     12 November 2012

Misuse of maintenance act

My father had made a registered will and later had a registered gift deed to me and my brother.

Now on persuasion of his second wife, he is going to court seeking cancellation of gift deed (irrevocable) and asking for maintenance.

This is being done under false allegations that we are harrassing him.

1. Is there a law / way to protect us from misuse of Maintenance and Welfare of Parents and Senior Citizens Act 2007

2. can the gift deed be cancelled - gift deed was unconditional and irrevocoable?

3. can his second wife ask us for mainteneance?

4. my father already has some Fixed deposits that he gets interest from

plus we used to monthly pay him maintenance in cash that we cannot prove now ?

please advise how can we move ahead?

5. is there a penalty on parents who missue law that is made to protect them?



Learning

 2 Replies

MohammedRaffiq Bijapur (Advocate)     13 November 2012

Firstly u should be thankful that u have parents who have brought u on this wonderful earth.

As regars ur queries I can say this much that the pettion if fould frivolous, fictitious it will be dismissed by same court which has taken for consideration.

As regards the cancellation of gift deed is concern it can be file on the ground of fraud, misrepresentation etc,

Yes step mother is entitled for maintenance only after her husband's death.

Sudhir Kumar, Advocate (Advocate)     14 November 2012

will operates on the property leaft by the deceased after his death and not on thep[roperty he transferred in his life time.

 

will does not create any binding on the rights of the testator during his life time.


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